IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3169 of 2025 ====================================================== 1. Nagina Ray Son of Ram Chandra Ray @ Late Ram Chandra Ray, Resident of Village- Lejuar, P.O.- Daudpur, P.S.- Daudpur, District- Saran (Chapra). 2. Kashinath Ray, Son of Ram Chandra Ray @ Late Ram Chandra Ray, Resident of Village- Lejuar, P.O.- Daudpur, P.S.- Daudpur, District- Saran (Chapra). 3. Akhilesh Kumar Yadav, Son of Ramadhar Yadav @ Late Ramadhar Yadav, Resident of Village- Lejuar, P.O.- Daudpur, P.S.- Daudpur, District- Saran (Chapra). 4. Mithilesh Kumar, Son of Ramadhar Yadav @ Late Ramadhar Yadav, Resident of Village- Lejuar, P.O.- Daudpur, P.S.- Daudpur, District- Saran (Chapra). ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2. The District Magistrate, Saran (Chapra). 3. The Circle Officer, Manjhi, Saran (Chapra). ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Rai, Advocate For the Respondent/s : Mr. Government Advocate (11) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 24-07-2026 Heard learned counsel for the petitioner and learned counsel for the State. 2. The writ petition has been filed for the following reliefs :- (I) For issuance of a writ in the nature of mandamus and any other appropriate writ/writs, order/orders, direction/directions and commanding the Respondents / Authorities to not interfere the peaceful possession regarding residential house/land, which is small part of the Plot No. Patna High Court CWJC No.3169 of 2025(2) dt.24-07-2026 2/3 1403 under Khata No. 130, Mauza- Lejuar, P.S.- Daudpur, District-Saran (Chapra) belongs to possession of the ancestor of the petitioner since survey times, which is recorded in possession in the name of ancestors of the petitioner on the basis of ZAR PESAGEDAR/BHAOLI as BATAIDAR. (II). For issuance of a writ in the nature of certiorari for quash the notice dated 05.06.2024 issued by the Circle Officer, Manjhi, Saran at C'hapra (herein Respondent No. 3) relates to encroachment Case No. 11 of 2023-24 to the petitioner for 45 feet length and 47 feet width in public land constructed two stories pacca house appertaining to Plot No. 1403 under Khata No. 130, Mauza-Lejuar, P.S. -Daudpur, District- Saran (Chapra). 3. Learned counsel for the State, by referring to the Annexure-R/1 of the counter affidavit filed on behalf of respondent Nos.2 and 3, submits that encroachment proceeding vide Encroachment Case No.11 of 2023-24 has already been stayed and the statement so made in the counter affidavit is reproduced hereunder :- “That after issuance of notice issued u/s-03 of the B.P.L.E. Act-1956 evidence was submitted by the Petitioner of this writ but when the concerned petitioner submitted a parcha from this fact that the then Zamindar. Also the halka karamchari had reported that the petitioner has no toher homestead land other than concerned plot. When this fact has come within knowledge of the Circle officer, Manjhi, he ordered the Halka Karamchari to verify the same and accordingly on teh basis of teh of Halka Karamchari report who also that the Patna High Court CWJC No.3169 of 2025(2) dt.24-07-2026 3/3 reported petitioner of this writ has no other homestead land except concerned land. Resulting vide mi order dated 08-07-2024 the Circle Officer, Manjhi stayed the encroachment proceeding against him till availability/identification of Homestead land.” 4. Learned counsel for the petitioner submits that in view of the stand so taken in the counter affidavit, nothing survives for adjudication and the matter may be disposed of in the above terms. 5. In view of the stand taken by the respondent-State in the counter affidavit indicated aforesaid, the writ petition is accordingly disposed of in above terms. sharun/- (Ajit Kumar, J) U