IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6932 of 2025 ====================================================== 1. Brajbhushan Sharma S/O- Somdatt Sharma, R/O-At- New Area Sikandarpur Nala Road, P.S- Muzaffarpur Town (New Sikandarpur), District - Muzaffarpur. 2. Nawal Kishore Prasad Singh S/O - Jay Mangal Prasad Singh R/O Vill- Gumti No- 02, Govindpuri, Vishwakarma Mandir B.B Ganj, Bhagwanpur, P.S - Muzaffarpur Sadar District - Muzaffarpur 3. Chandan Kumar, S/O - Chandeshwar Prasad Thakur, R/O Hazipur Road, Ramdayalu Station Balu Mandi, Sidharthpuram Lane No-2, P.S- Muzaffarpur Sadar, District- Muzaffarpur 4. Priyanshu Kumar S/O - Kumar Alok R/O -Dhanaur, P.S - Muzaffarpur Katra District - Muzaffarpur 5. Ashok Kumar Suman S/O - Mahesh Roy R/O-Gopalpur Chandwara, C. Dharharwa, P.S- Aurai, District Muzaffarpur. 6. Pankaj Kumar Gupta @ Pankaj Kumar S/O - Suresh Prasad Gupta R/O Infornt of Navyuwak Samiti Chhoti Saraiyganj Chowk, P.S-Muzaffarpur Town Disrict - Muzaffarpur. 7. Nagina Prasad Singh S/O Late Shobhit Mahto R/O - Rasalpur, Bishundatpur, P.S- Karja District - Muzaffarpur. 8. Yugal Kishore Singh S/O - Baldev Kumar R/O Sri Rampuri, Road No-01, Aashia Plaza, Bhagwanpur, P.S Muzaffarpur Sadar, District - Muzaffarpur. 9. Satish Prasad Singh @ Satish Chandra Singh S/O-Jaymangal Prasad Singh Gumti No 02, Near Vishkrma Mandir, B.B.Ganj, Govindpuri, Bhagwanpur, P.S Muzaffarpur Sadar, District Muzaffarpur. 10. Murari Kumar S/O Jagdish Prasad Chaudhary, R/O - Gola Bondh Road, P.S Muzaffarpur Town, District - Muzaffarpur. 11. Prabhat Kumar Chaudhary S/O- Jagdish Chaudhary Barikarbala, Nehru Steydiyam Road, P.S- Muzaffarpur Town, District - Muzaffarpur. 12. Gopal Kumar S/O Chandeshwar Chaudhary R/O - Dumri Katra, Pindauli, P.S- Muzaffarpur Jajuaar, District - Muzaffarpur. 13. Mukesh Kumar S/O - Nand Kishore Singh R/O- Barahi Jagdish, Sheohar, P.S- Muzaffarpur Purania, District- Muzaffarpur. 14. Ashok Kumar Sharma S/O - Rudranarayan Sharma R/O - Kaji Muhammadpur Bhikhanpur Dih, Barhanpura, P.S -Muzaffarpur Sadar, District-Muzaffarpur. 15. Arjun Bhagat S/O - Mirchai Bhagat R/O -Ramanagar, P.S - Gaighat, District - Muzaffarpur. 16. Suresh Ray S/O - Ramvriksh Ray R/O -Khabra, Near Brahamsathan Khabra, Urf Kiratpur Gurdas, P.S Muzaffarpur Sadar, District - Muzaffarpur. 17. Ram Prakash Bhagat @ Ram Prakash Chaurashia S/O -Nannu Bhagat R/O - Ramnagar, P.S Gaighat, District -Muzaffarpur. 18. Dhurub Kumar Singh S/O Bashlochan Singh R/O- Suratpur, Panapur Karait, P.S- Panapur, District- Muzaffarpur. Patna High Court CWJC No.6932 of 2025(7) dt.11-05-2026 2/6 19. Reyajudin @ Nanki S/O- Mohammad Alauddin R/O-Hirotmal Colony, Barhanpura, P.S-Brahampura District-Muzaffarpur. 20. Shikha Kumari D/O - Amar Nath Prasad R/O - Durga Nande Gali, Brahman Toli, Purani Bazar, P.S - Muzaffarpur Town, District - Muzaffarpur. 21. Sanjeev Kumar S/O - Raja Ram Prasad R/O - Choti Kalayani, B.B. Jan lane, Mushari, P.S- Muzaffarpur Town District - Muzaffarpur. 22. Amit Kumar Jha S/O - Sachchidanand Jha R/O - Kali Bari Road, Near Chaturbhuj Ashthan Mandir, Yehiapur, P.S-Methanpura, District - Muzaffarpur. 23. Priyaranjan Kumar Singh S/O - Vinod Kumar Singh R/O - near Panchayat Bhawan Lashkaripur, Kalwari, P.S-Katti, District - Muzaffarpur. 24. Ravi Kumar S/O - Kedar Mahto R/O -Damodarpur, P.S- Katti, District - Muzaffarpur. 25. Shivnath Sah S/O - Ramkhelavan Sah R/O - Turki, Kurhani, P.S- Korandhi District - Muzaffarpur. 26. Anant Lab Singh @ Anant Prasad Singh S/O Vaidhanakh Singh R/O- Kazi Mohammadpur, P.S- Medhanpura, District - Muzaffarpur. 27. Santosh Kumar Mishra S/O Krishn Dev Mishra R/O - Near School Tola Gopalpur Jagdish, P.S-Sakra District -Muzaffarpur. 28. Arvind Kumar Shahi S/O -Ashwani Kumar Shahi R/O Chadhua, Jarhua, P.S- Turki District - Muzaffarpur. 29. Vidyanand Mishra S/O Ramchandra Mishra R/O - Gannipur Mishra Tola, P.S- District - Muzaffarpur. 30. Suresh Kumar S/O - Shankar Sah R/O -Baghnagri urf Bishunpur Subas, P.S- Sakra, District - Muzaffarpur. 31. Sanjay Kumar Singh S/O - Prahlad Singh R/O Barjee, Ward No. 08, Birji, Muzaffarpur, Barjee P.S- Motipur, District - Muzaffarpur. ... ... Petitioner/s Versus 1. The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna 2. The District Magistrate- cum-District Collector, Muzaffarpur 3. The Sub-Divisional Magistrate District- Muzaffarpur 4. The Deputy Collector Land Reform, Muzaffarpur-cum-Competent Authority Khas Mahal, District- Muzaffarpur 5. The Circle Officer, Muzaffarpur, District- Muzaffarpur. 6. The Registrar, Civil Court, Muzaffarpur. 7. The Incharge Judge, Administration, Civil Court, Muzaffarour. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Fakhruddin Ali Ahmad, Adv. Mr. T. Azhar, Adv. Mr. Reyaj, Adv. Patna High Court CWJC No.6932 of 2025(7) dt.11-05-2026 3/6 For the Respondent/s : Mr. Mehtab Alam, AC to SC20 Ms. Surya Nilambari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 7 11-05-2026 The instant writ petition has been filed for the following relief:- “1. a. To quash the notice fixed on the wall of Petitioners shops and stalls in SDO (West) Road and also on Hajat Road, Muzaffarpur, without date and signature of authorities which has been seen on 27.03.2025 purported to be issued by Administration Civil Court, Muzaffarpur, b. To direct the respondent Authorities to consider the representation dated 29.03.2025, 04.04.2025 and 12.09.2024 submitted by the petitioner and to pass speaking and reason order. c. To direct the respondent authorities not to take any coercive action against the petitioners who are bona fide allotee / tenant on the Khas Mahal Land and regularly paying rent to the DCLR east Muzaffarpur -cum- Khas Mahal Authority.” 2. The case of the petitioners is that the petitioners are authorized allottee of the stalls and shops and running their hotel (food), stationary, Photo-state, computer typing etc. since more than fifty years on the Khas Mahal Land which is said to have Patna High Court CWJC No.6932 of 2025(7) dt.11-05-2026 4/6 been settled away from the Civil Court premises, Muzaffarpur and they are paying rent to Khas Mahal Authority cum DCLR East, Muzaffarpur regularly by rent challan. 3. Counsel for the petitioner submits that vide notices issued to all these petitioners on 06.09.2024, they have been sought to be removed from the said shops and stalls which, according to the authorities have been classified to be unauthorized occupants and, accordingly, this matter was placed before the District Security Audit Committee constituted under the Chairmanship of Principal District and Sessions Judge, Muzafarpur on 31.05.2025 and, since then, some of the shops and stalls are standing which are said to have been allotted to the three of the petitioners through valid settlement order and rest are outside the precincts of the Civil Court and, as per the meeting held on 31.05.2025, these matters have been directed to be considered and adjudicated by the District Magistrate after giving an opportunity of hearing to the petitioners and the affected parties, who would be required to place their bonafides in order to show their continuance on the shops and stalls. 4. Such submission of the counsel for the petitioners has seriously been objected by Ms. Surya Nilambari, who appears on behalf of the respondent nos. 6 & 7, who has Patna High Court CWJC No.6932 of 2025(7) dt.11-05-2026 5/6 seriously objected with regard to the locus of these petitioners barring three petitioners being petitioner nos. 2, 7 & 9, against whom the notices issued by authorities indicate their respective names, while, as against thirty petitioners, they do not have any locus to challenge the notices issued in respect of the allottees of the shops and stalls, which are situated outside the precinct of the Civil Court. 5. This matter was heard on 01.05.2026 and the matter was adjourned for taking instruction and since there is already a conscious decision of the Committee that these matters can well be adjudicated by the District Magistrate after giving an opportunity of hearing to the petitioners and there being a consensus arrived at between them, in such background, this Court finds it appropriate to direct the District Magistrate, Muzaffarpur to adjudicate the claim of the petitioners for which appropriate application shall be moved by them and the bonafide of the petitioners shall be tested in reference to the revenue records which are available to the district administration and as also the revenue authorities of the district and once it is decided that they are unauthorized occupants of the shops and stalls then appropriate steps shall be taken against them, for removal in accordance with law. Patna High Court CWJC No.6932 of 2025(7) dt.11-05-2026 6/6 6. With the disposal of the writ petition, the authorities of the Civil Court are at liberty to proceed in accordance with law, in making the premises encroachment free from the unauthorized occupants of shops, stalls and, as also, encroachers. 7. The writ petition stands disposed of. 8. The interlocutory application, if any, also stands disposed of. rishi/- (Ajit Kumar, J) U