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2025 DAILYLAW 15799 (PAT)

Sk. Mustakim and Ors v. The State Of Bihar and Ors

CWJC/11598/2017 · 2025-04-22

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11598 of 2017 ====================================================== 1. Sk. Mustakim 2. Sk. Motab, 3. Sk. Basir, 4. Md. Alam @ Sk. Alam All are Sons of Bhola Miyan @ Sk. Bhola, R/o Village- Madhopur, P.S.- Majhauliya, District- West Champaran. ... ... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate , West Champaran at Bettiah. 3. The Sub - Divisional Magistrate , Bettiah Sadar, District- West Champaran. 4. The Circle Officer, Majhauliya Circle, District West Champaran. 5. Saida Khatoon @ Saida Nesha W/o Khairuddin Miyan, R/o Village- Madhopur, P.S.- Majhauliya, District- West Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Raj Kishore Roy- GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 22-04-2025 No one appears on behalf of the petitioner though the State is present. 2. The present writ petition has been preferred for the following relief(s): “for setting aside the order issued by Learned Sub Divisional Magistrate, Bettiah Sadar, District- West Champaran (Respondent No.3) contained in letter No.342 dated 16.06.2017 whereby and whereunder the petitioners have been directed to remove their residential house as per the order passed by Learned Circle Officer, Patna High Court CWJC No.11598 of 2017(2) dt.22-04-2025 2/2 Majhauliya Circle in case no.27 of 2016-17 and be further pleased to stay the operation of order as contained in letter no.342 dated 16.06.2017 during the pendency of this writ application and/Or be pleased to pass such other order or orders as your lordship may deem fit and proper.” 3. A counter-affidavit of the year 2018 duly served upon the petitioner is on record and according to paragraphs 16 to 18, the petitioners are/were encroachers, pursuant to notice, appeared, filed show cause and as they did not remove the encroachment and claim themselves to be raiyiti, the directions/orders issued for removal of the encroachment which has been challenged. 4. There is no reply in the matter despite the passage of seven years. 5. Be that as it may, since there is no appearance, the present writ petition stands dismissed for non-prosecution. Adnan/- (Rajiv Roy, J) U