Shiv Yadav vs The State Of Bihar
2021 Latest Caselaw 5688 Patna

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.11216 of 2021
     ======================================================

1. Shiv Yadav Son of Late Dev Lal Yadav Resident of village- Baga Tola Ram Nagar, Police Station- Azimabad, District- Bhojpur

2. Shree Yadav Son of Late Dev Lal Yadav Resident of village- Baga Tola Ram Nagar, Police Station- Azimabad, District- Bhojpur

... ... Petitioners Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bailey Road, Patna

2. The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Bailey Road, Patna

3. The District Magistrate cum Collector, Bhojpur, Ara

4. The Sub Divisional Officer, Sadar Ara, Bhojpur

5. The Deputy Collector, Land Reforms, Ara, Bhojpur

6. The Circle Officer, Sandesh, Bhojpur

... ... Respondents ====================================================== Appearance :

For the Petitioners : Mr. Gopal Govind Mishra, Advocate For the Respondents : Mr. Raj Kishor Roy, Gp-18 Ms. Prerna Anand, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 30-11-2021 Learned counsel for the petitioners has furnished the

original affidavited writ petition, which is placed on record.

2. The present writ petition has been filed "for a

direction to the respondent authorities for settlement of Parcha in the

name of petitioners on the land bearing area 3 decimal on which the

petitioners have constructed the house and residing from 3

generation from more than 50 years on basis of representation

18.03.2021 pending before the Circle Officer, Sandesh, Bhojpur;

Patna High Court CWJC No.11216 of 2021 dt.30-11-2021

further for quashing the notice dated 07.04.2021 issued under

Section 3 of the Bihar Public Land Encroachment Act, 1956 for

removal of encroachment on plot number 1901 area 2 ½ decimal,

situated in Mauza- Baga, Thana No. 433, Circle- Sandesh in Bhojpur

District."

3. Learned counsel for the petitioners submits that other

similarly situated persons have been granted the benefit of

settlement of land whereas the petitioners' house standing on the

land has been demolished. He invites reference to Annexure-4

which is in the nature of 'Adhikar Abhilekh'.

4. Learned counsel for the State appears and has been

heard.

5. Having regard to the nature of the grievance of the

petitioners, the writ petition is disposed of with liberty to the

petitioner to approach the Circle Officer, Sandesh, Bhojpur within

two weeks hereof for redressal of their grievances.

(Vikash Jain, J) Ibrar/V.K. Pandey

AFR/NAFR NAFR CAV DATE N.A.

Uploading Date         02.12.2021
Transmission Date      N.A.