Lal Mohammad Miyan and Ors v. The State Of Bihar and Ors
CWJC/15779/2017 · 2025-07-14
Rajiv Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45450 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45450 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15779 of 2017 ======================================================
1. Lal Mohammad Miyan and Ors S/o Bhukhhal Miyan
2. Madine Khatoon W/o Nek Mohammad
3. Karmallah Miyan S/o Sukhari Miyan
4. Rafeej Miyan S/o Ishu Miyan
5. Miradum Miayn S/o Islam Miyan Mamini Khatoon W/o Ishu Miyan All Resident of Village-Bhatawadiya Kachhari Tola, P.S.-Anchal Sangramapur, P.O.-Bhatawaliya, Dist.-East Champaran. ... ... Petitioner/s Versus
1. The State Of Bihar and Ors
2. The District Magistrate, East Champaran.
3. The Circle Officer Sangrampur, District-East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Mr. Dhurjati Kumar Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 14-07-2025 No one appears on behalf of the petitioner though Mr. Dhurjati Kumar Prasad, learned GP-14 is present.
2. The present writ petition has been preferred for the following relief(s): (i). For a direction to the respondent authorities restraining them from evicting the poor, landless, illiterate., petitioners form the gairmajarua Aam land bearing Khata no. 309, Khesara no. 3181 on which they have been living peacefully for last on living four generations for over 50 years since before 1966 without encroaching
Patna High Court CWJC No.15779 of 2017(3) dt.14-07-2025 2/2 any public Road. (ii). For restraining authorities demolishing petitioners the respondent form breaking the homes of are not as they encroaching any Road/ Rasta or any public space. (iii). For retraining the respondent authorities form time and again compelling poor petitioner to vacate their houses by 16.10.17 by oral orders, when the actual encroachment removed by them has already been removed by them from Road. (iv) For directing to disturb to respondent to not life of peaceful poor landless petitioners when the order passed in CWJC No. 5581 of 2011 and MJC No. 408 of 2017 has already been complied in regard to removal of encroachment from Road (which would be evident from annex-4) pursuant to the notice dated 15.9.2017 to the petitioner issued by circle officer.)
3. Since there is no appearance, the writ petitioner is dismissed for non-prosecution.
Vijay Singh/- (Rajiv Roy, J) U