Disposed

Surendra Kumar Mahto @ Surendra Prasad Mahto v. The State Of Bihar and Ors.

Patna HC18 Apr 2023CWJC/8525/2017

Case brief

AI extract

What is this about?

Petitioner filed writ petition for mandamus against State officials to enforce a 2016 order against an encroacher. State counsel noted a title suit for status quo. Court granted liberty to petitioner and disposed of writ as not pressed.

What did the court decide?

Liberty granted to petitioner to agitate grievances before the Court below. Writ petition disposed as not pressed.

Surendra Kumar Mahto @ Surendra Prasad Mahto Vs The State Of… — Land Acquisition | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8525 of 2017

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Surendra Kumar Mahto @ Surendra Prasad Mahto Son of Nageshwar Mahto, Resident of Village- Kishnichak, P.S.- Ishipur Pirpainti, District- Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Divisional Commissioner, Bhagalpur Division, Bhagalpur.

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The District Magistrate cum Collector, Bhagalpur.

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The Sub- Divisional Officer, Kahalgaon, Bhagalpur.

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The Circle Officer, Pirpainti.

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Sadhu Mahto, Son of Late Gouri Shankar Mahto.

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Nandlal Mahto, Son of Late Shivnath Mahto, Both are Resident of VillageKishnichak, P.S.- Ishipur Pirpainti, District- Bhagalpur.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : For the Respondent/s :

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: Mr.Kumar Kamal Nayan, Advocate : Mr.Vinay Kirti Singh, GA-2 Mr. Vijay Kumar Verma, AC to GA-2

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 18-04-2023

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The present writ petition has been filed

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seeking the following relief:-

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“1. That this writ petition is being filed for issuance of appropriate writ/writs, order/orders, direction/directions in the nature of Mandamus commanding the respondent no. 6 for compliance of the order dated 18.11.2016 passed by the Collector, Bhagalpur in Misc. No. 63/201516, by which the Collector, Bhagalpur has directed the respondent no. 6 to pass an order in accordance with law after initiating encroachment case and after

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Patna High Court CWJC No.8525 of 2017(2) dt.18-04-2023 2/2

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hearing the parties concerned within month.”

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At the outset, the learned counsel appearing for the respondent-State has pointed out that the encroachers have filed a title suit bearing Title Suit No. 104 of 2018, before the learned Court of Sub-Judge, Kahalgaon and the learned court below vide order dated 19.12.2018 has directed for maintaining status quo, hence no further proceedings are being undertaken to remove the encroachment in question.

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In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to agitate his grievances before the learned court below, in accordance with law.

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Liberty so sought is granted.

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The writ petition stands disposed off as not pressed.

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(Mohit Kumar Shah, J)

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S.Sb/Sonal-

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Surendra Kumar Mahto @ Surendra Prasad Mahto v. The State Of Bihar and Ors.

Case brief

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Surendra Kumar Mahto @ Surendra Prasad Mahto v. The State Of Bihar and Ors.

Case brief

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What the court decided

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