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2059 DAILYLAW 2 (PAT)

Amit Chaudhary v. The State of Bihar

CWJC/2059/2025 · 2026-07-06

Vikash Kumar

body2059

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2059 of 2025 ====================================================== Amit Chaudhary son of Late Lakshmi Chaudhari, resident of village- Chhotki Rajwa, ward no.- 01, P.S.- Hasanpur, Dist.- Samastipur. ... ... Petitioner/s Versus 1. The State of Bihar through Principal Secretary, Revenue and Land Reforms Deptt., Govt. of Bihar, Patna. 2. The Director, Revenue and land Reforms Deptt., Govt. of Bihar, Patna. 3. The District Magistrate, Samastipur. 4. The Sub Divisional Officer, Rosera, Dist.- Samastipur. 5. The Circle Officer, Hasanpur, Dist.- Samastipur. 6. Ruby Devi, W/o Dipak Chaudhary resident of village- Chhotaki Rajwa, Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur. 7. Dipak Chaudhary, Son of Ramji Chaudhary resident of village- Chhotaki Rajwa, Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur. 8. Natho Chaudhary, Son of Late Radha Chaudhary resident of village- Chhotaki Rajwa, Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur. 9. Ranju Devi, Wife of Natho Chaudhary resident of village- Chhotaki Rajwa, Ward no.- 2, P.S.- Hasanpur, Dist.- Samastipur. ... ... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Binod Kumar Sinha, Advocate Mr. Shishir Kumar Sinha, Advocate For the State : Ms. Anuradha Singh, SC-21 Ms. Shatabdi Sinha, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH KUMAR ORAL ORDER 2 06-07-2026 Heard Shri Shishir Kumar Sinha, learned counsel for the petitioner and Smt Shatabdi Sinha, learned AC to SC-21 for the state. 2. The petitioner has prayed for issuance of appropriate writ in the nature of Mandamus direction to Respondents to remove illegal encroachment from the public road area 5 dhur and raiyati land of petitioner area 8 dhur both lands adjucent to each other Khata No.18 old 78 New Khesra No. 80 old 34 New situated at Mauza Patna High Court CWJC No.2059 of 2025(2) dt.06-07-2026 2/2 chhotki Rajwa P.S Hasanpur Dist- Samastipur which was encroached by Respondent No. 6 to 9 in illegal manner and forcibly without any consent and permission of land owner and any other appropriate order, direction save and except in accordance with law. 3. A duly affidavited counter affidavit dated 21.08.2025 filed on behalf of respondent no. 1 to 5 is on record with service of copy to petitioner on 27.08.2025. No rejoinder has been filed by the petitioner. 4. Learned counsel for the respondent submits that in light of statement made in Paragraph 9 of the counter affidavit, the present writ application may be disposed off. The petitioner has not disputed the fact. 5. The statement made in Paragraph 9 is reproduce here in below:- “9.That it is humbly submitted that there is no encroachment on the said road, as alleged by the petitioner”. 6. The statement made by learned counsel for state is accepted. 7. Accordingly, the writ application stands disposed off. Rohit/- (Vikash Kumar, J) U