Kameshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.929 of 2020 ====================================================== 1.

Kameshwar Ram Son of Shivpujan Ram, Resident of Village- Dhobidihan, Post- Taraon, Police Station- Nasriganj, District- Rohtas. 2.

Dularchand Ram (Dularchand Ram), Son of Musafir Ram, Resident of Village- Dhobidihan, Post- Taraon, Police Station- Nasriganj, DistrictRohtas. 3.

Sanjay Ram, Son of Ramchandra Ram, Resident of Village- Dhobdihan Post- Taraon, Police Station- Nasriganj, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary Land Reforms and Revenue Department, Government of Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Sub- Divisional Officer, Bikramganj, Rohtas. 4.

The Circle Officer, Rajpur, Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Advocate For the State :

Mr.Sajid Salim Khan, S.C. 25 Mr. A.D. Siddique, A.C. to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

2. A notice dated 31.10.2019 issued by the Circle Officer, Rajpur, in the District of Rohtas, in Encroachment Case Nos. 136/2019-20 and 137/2019-20 has been put to challenge in the present writ application. By the said notice, the petitioners have been directed to remove encroachment from a piece of land situate under Mauza Dhobdihan, appertaining to Khata No. 199, Plot No. 768.

3. It is the petitioners' case that the lands bearing the

Patna High Court CWJC No.929 of 2020(2) dt.16-01-2020 2/2 description as given in the notice do not belong to these petitioners and, therefore, the notice is illegal. The petitioners are said to have filed their replies to the said notice.

4. The Court fails to understand as to how the petitioners can be said to be aggrieved by the said notices if the lands, description of which has been given in the notices, do not belong to them. If they have already submitted their objection/response to the Circle Officer to the effect that the lands in question do not belong to them, the Circle Officer shall take the same into account while taking final decision.

5. This writ application stands disposed of. (Chakradhari Sharan Singh, J) S.Ali/- U