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2025 DAILYLAW 42697 (PAT)

Arun Kumar and Anr v. The State Of Bihar and Ors

CWJC/13409/2015 · 2025-03-21

Rajesh Kumar Verma

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.13409 of 2015 ====================================================== 1. Arun Kumar 2. Barun Kumar Both sons of late Gorakh Prasad Singh Both Residents of Village ,P.O. and P.s -Pipra Kothi, District East Champaran, Presently residing at Village- Bir Chapra, Tola, Baltharwa, P.o.& P.S Pipra Kothi District East Champaran. ... ... Petitioner/s Versus 1. The State Of Bihar through the District Magistrate, Motihari, East Champaran. 2. The District Magistrate, East Champaran, Motihari. 3. The Circle Officer, Pipra Kothi, East Champaran. 4. Dinesh Kumar Jaiwal S/o late Ram Sewak Prasad Jaiswal resident of Village- Chandsaraiya P.o.& P.S Pipra Kothi District East Champaran. 5. Vikrama Singh S/o late Jagdayal Singh resident of Village- Bir Chapra P.O.& P.S Pipra Kothi District-East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Singh For the State : Mr. Mrigendra Kumar, AC to GP-20 For the Private Respondents: Mr. Sharda Nand Mishra Mr. Atul Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 6 21-03-2025 Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel for the Private Respondents. 2. Learned counsel for the petitioners fairly submits that in view of the stand taken by the respondent-State in paragraph-9 of the counter affidavit, which reads as follows: “(9) That while the land encroached was claimed by the writ petitioner on the basis of purchase from a settlee and Jamabandi running Patna High Court CWJC No.13409 of 2015(6) dt.21-03-2025 2/2 for the same. The Circle Officer ordered the office to forward the matter for cancellation of purcha and consequential actions as well as to send proposal for cancellation of Jamabandi as per direction of the Government of Bihar contained in Memo No. 590 dated 08.09.2014 and Memo No. 765 dated 10.12.2014 and dropped the proceeding of encroachment case accordingly by order dated 27.07.2015 as the matter for cancellation of purcha and Jamabandi has to be done first and further proceeding will depend on the result of the order or cancellation of purcha and cancellation of Jamabandi”. 3. Learned counsel for the petitioners submits that in view of the aforesaid, it appears that the grievance of the petitioners have been redressed. 4. Accordingly, the writ petition stands disposed of. Ibrar//- (Rajesh Kumar Verma, J) U