This order dismissed a writ application seeking to set aside an enclosure removal notice. The court denied a claim for temporary residence on the land based on the petitioners' status as landless persons.
Application dismissed with liberty to move before the Collector for grant of parcha.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4288 of 2023
======================================================
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Bindeshwar Prasad, Advocate For the Respondent/s : Mr.Sajid Salim Khan ( SC 25 ) ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
4 28-11-2023
Counter affidavit has been filed by the State which is
taken on record.
2. Heard the parties.
3. This application has been filed for setting aside the notice dated 16.01.2023 issued by the Circle Officer, masaurhi in Encroachment Case No. 3 of 2021-22 by the Circle Officer has issued to remove the encroachment as alleged by the respondent no. 3.
4. The petitioner has lost till appeal. The only claim of the petitioner is that he is a landless person therefore he should be allowed to remain on the encroached land.
Patna High Court CWJC No.4288 of 2023(4) dt.28-11-2023 2/2
5. In these circumstances, this application is dismissed with liberty to the petitioner to move before the Collector or concerned authorities for grant of parcha in accordance with law as he claims to be a landless person.
(Sandeep Kumar, J)
Harsh/
U
1 issue framed by the court
Whether to set aside the notice issued to remove the encroachment on the ground that the petitioners are landless persons.
Bujhawan Yadav
Hajari Prasad
Pintu Kumar Yadav
State of Bihar
The Circle Officer, Masaurhi
Yogendra Yadav
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
