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2025 DAILYLAW 85531 (PAT)

Ram Udgar Sah v. The State of Bihar

CWJC/19399/2024 · 2025-01-07

Sunil Dutta Mishra

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19399 of 2024 ====================================================== Ram Udgar Sah S/o - Late Lakshman Sah, Resident of Village- Kamlawari, Ghauli Tol, ward no. 2, P.O. - Kamlawari, P.S. - Jaynagar, District - Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Land and Revenue Department, Government of Bihar, Patna. 2. The District Magistrate, Madhubani. 3. The Circle Officer, Jaynagar, Madhubani. 4. The SHO, Jaynagar Police Station, Madhubani. 5. Ravi Thakur, S/o Ram Sundar Thakur Kamlawari, aged about - not known, Ghauli Tol, ward no. 2, P.O. - Kamlawari, P.S. - Jaynagar, District - Madhubani. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhakar Thakur, Advocate For the Respondent/s : Mr. Government Advocate, 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 07-01-2025 At the very outset, learned counsel for the petitioner submits that the words “encroachment by/from respondent no.4 have been typed in place of respondent no.5” in the main petition and hence he seeks permission to make necessary correction in the main petition. 2. Permission is accorded. 3. Heard learned counsel for the petitioner and learned counsel for the State. 4. This writ petition has been filed for the following relief(s): Patna High Court CWJC No.19399 of 2024(2) dt.07-01-2025 2/2 (i) For direction to the respondent no.3 to draw land encroachment proceeding against the encroachers on the basis of application submitted by the petitioner on 06.11.2024 and consequently upon to remove the encroachment from the respondent no.5 through khata no.514, khesara no.10444 measuring 2 katha 18 dhur and 1/4th kanama and khata no.125, khesara no.10437 measuring 12 kanma of land situated in Mauza Bela Belahi, P.S. Jaynagar, District Madhubani encroached by the respondent no.5. (ii) For direction to the respondent no.3 to demarcate the land, to stop the illegal construction over the land and to remove the encroachment after verifying the papers of the parties and to give the possession over the land which is encroached by the respondent no.5. 5. After some arguments, learned counsel for the petitioner submits that he will take appropriate steps before the appropriate authority for fresh demarcation of the land and hence he prays to dispose of this writ petition. 6. Learned counsel for the State has no objection to this prayer of the petitioner. 7. In view of the submission of learned counsel for the petitioner, this case is disposed of with liberty to the petitioner, as prayed for. Harish/- (Sunil Dutta Mishra, J) U T