Writ petition seeking removal of encroachment and compensation for land allegedly taken under the Manrega scheme was dismissed as not maintainable because the petitioner had earlier withdrawn a writ petition concerning the same disputed land.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.5289 of 2019
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Kailash Mahto S/O Late Jai Narayan Mahto R/O - P.O. Billo, P.s. Ramgarh Chowk, G Ram Panchayat Billo, Distt. Lakhisarai
... ... Petitioner/s
Versus
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Respondent/s : Mr. Vikash Kumar (SC-11) ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
counsel for the State.
following reliefs:-
(i) To issue a writ of Mandamus or any other writ of writs, direction or directions commanding upon the respondents to remove the encroachment made by the respondents over petitioner land which have been filled up by soil forcibly by the Mukhiya under Manrega Scheme. The details of the lands given in Para No.4 of
Patna High Court CWJC No.5289 of 2019(5) dt.24-07-2025 2/3
this writ Petition and further direct the respondente to pay compensation regarding causes damages of the trees over the said land of the Petitioner.
(ii) To pass any such other order or orders as this Hon'ble Court may think fit and proper. under the facts and circumstances of this case.
Patna High Court CWJC No.5289 of 2019(5) dt.24-07-2025 3/3
petitioner has made parties the State of Bihar, the District Magistrate, Lakhisarai, the Anchal Adhikari, Ramgarh Chowk, the Superintendent of Police, Lakhisarai, the S.H.O. Ramgarh Chowk, Lakhisarai, the Programme Officer (Manrega), Ramgarh Chowk, and the Mukhiya, Gram Panchayat Raj, Billo, whereas, in the earlier case, annexed as Annexure B to the counter affidavit, the parties were the State of Bihar through the Principal Secretary, Department of Rural Development, Patna, the District Magistrate, Lakhisarai, and the Circle Officer, Ramgarh, Lakhisarai, although the land in dispute is the same.
dismissed.
(Dr. Anshuman, J.)
Aman Kumar/-
U
1 issue framed by the court
Is a fresh writ petition over the same land maintainable after an earlier petition on the same matter was dismissed as withdrawn?
Kailash Mahto S/O Late Jai Narayan Mahto
The State of Bihar through Principal Secretary, Rural Development Department
The District Magistrate, Lakhisarai
The Anchal Adhikari, Ramgarh Chowk
The Superintendent of Police, Lakhisarai
The S.H.O. Ramgarh Chowk, Lakhisarai
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
