Writ petition seeking direction to remove encroachment by SHO on petitioner's demarcated land. Petitioner moved to withdraw the application, which was accepted and the case dismissed.
Permission granted to withdraw the writ petition; application dismissed accordingly.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8488 of 2022
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Raja Surendra Mohan, Advocate For the Respondent/s : Mr. Rishi Raj Sinha, SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 28-03-2023 Heard learned counsel for the petitioners and learned
counsel for the respondents.
The petitioners have filed the instant application for
the following reliefs:
“(i) For issuances of writ/writs, order/orders, direction/directions in the nature of Mandamus, respondents commanding
Patna High Court CWJC No.8488 of 2022(2) dt.28-03-2023 2/4
immediately the the to competent authority shall exercise his authority for resolving the dispute brought before the competent authority on the basis of final order passed by the authorities who have empower to do so, in the acts for removed of unlawfull obstruction and the encroachment of the land of the petitioner bearing khata no. 9/18, New -377, Khesra Old1408 & 1409, New Khesra No. 857 Rakwa 0.2.0 katha land of the petitioners has been encroach by the S.H.O. of Bhatiyahi police Station, District Supaul, whereby and where under the petitioner is the valied land owner of the said land in which the petitioners were filed title suit before the Sub-Judge -Ist, Supaul in which passed the impugned judgment and decree in title suit No. 93/2010 and declared the Title and Possession over the said land in favour of the petitioners, but the Respondents S.H.O. of Bhatiyahi Police station creating the nusiences over the land of the petitioners over the said land in which the petitioners filed an application dated 196.2013 before the Circle Officer, Saraigadh - Bhaptiyahi and Praying for demarcation of the aforesaid land, accordingly the Circle Officer has allow the application of the petitioner and directed the petitioners con dated 15.3.2018 to deposit the Anchal Amin fee in the Nazarat accordingly the petitioner was deposited the fee Rs. 700/- on dated 15.3.2018
Patna High Court CWJC No.8488 of 2022(2) dt.28-03-2023 3/4
on the same day and thereafter the land was demarcated on dated 21.4.2018 but the respondent no. 10 creating the nusiences.
(ii) For further directed the Respondents to immediately remove abstraction over the unlawful the land of the petitioners bearing khata no. 377 Khesra No. 857 new Thana No. 49 under Mauza Gadhiya, Anchal Saraigadh Bhaptiyahi, District -Supual. Which is forcibly encroached by the Respondent No. 10, S.H.O. of Bhaptiyahi Police station and trying to Use the said land under the premises of the said police Station.
(iii) For further directed the respondents District Magistrate -cum- Collector Supaul as well as the Circle Officer Bhaptiyahi, to immediately remove the unlawful obstruction and encroachment over the land of the petitioner, because there is statutory remedy the competent authority shall have power in making enquiry under this act, and immediately remove the unlawfull obstruction over the land of the petitioner, because the petitioner has brought an application, for initiated the proceeding for land encroachment case No. 14/2018 and in the aforesaid land encroachment case, the circle Officer directed the Anchal Amin for demarcation over the said land and the land was demarcated, but the respondent S.H.O. Bhapatiyahi again created Nusiences of
Patna High Court CWJC No.8488 of 2022(2) dt.28-03-2023 4/4
obstruction over the said land. unlawfull
(iv) For any other relief/reliefs, order/orders direction/directions may deem fit and proper in the fact and circumstances of this case.”
After making his submissions and having heard the
observations of this Court, learned counsel for the petitioners, seeks permission to withdraw this application.
This application is dismissed as withdrawn.
(Partha Sarthy, J)
Bibhash
U
Sukhdev Mehta
Raj Ballabh Pd. Malakar
State of Bihar through the Principal Secretary, Revenue and Land Reforms Department
The Director General of Police, Bihar
The Divisional Commissioner, Koshi Division
The Superintendent of Police, Supaul
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
