Petitioner sought directions to remove encroachment by respondents 5 to 8 on Gairmazaruwa Aam school/road land at Mauza Izra Upadhyay Tola. Counsel sought liberty to approach the Circle Officer, Sangrampur; liberty granted and writ petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13581 of 2024
======================================================
Vishwa Vijay Upadhyay Son of Baleshwar Upadhyay Resident of Village-Izra Upadhyay Tola, ward no. 3, P.S.-Sangrampur, District-East Champaran.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Shakil Ahmad Khan, Advocate For the Respondent/s : Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 18-09-2024
“1. That this petition is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions for commanding the respondent authorities to remove the encroachment from the land/Road bearing Khata no. 76, khesra No. 1314, area 5 katha 5 dhur, which is a Gairmazaruwa Aam land (land of
Patna High Court CWJC No.13581 of 2024(2) dt.18-09-2024 2/2
school/Aam Rasta) and the respondents no. 5 to 8 have constructed a wall on the said road, resulting in the Aam Rasta and the petitioner being disturbed, The said land is situated at Mauza-Izra Upadhyay Tola, Ward No. 3, P.S. Sangrampur, District-East Champaran. It is further prayed to direct the respondent authorities to get the encroached land free from the clutches of respondents no. 5 to 8, who have illegally encroached the land and constructed boundary wall upon the land of School/Road.”
(Mohit Kumar Shah, J)
S.Sb/-
U
1 issue framed by the court
Whether the respondent authorities should be directed to remove encroachment and wall constructed on Gairmazaruwa Aam land (school/road land).
Vishwa Vijay Upadhyay
The State of Bihar through Principal Secretary, Department of Land Reform, Government of Bihar, Patna
The District Magistrate, East Champaran at Motihari
The Sub Divisional Office, Areraj, East Champaran
Jitendra Upadhyay
Ravi Shankar Upadhyay
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
