Patna High Court
Munna Pandit And Anr vs The State Of Bihar And Ors on 13 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21969 of 2014
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1. Munna Pandit and Anr Son of Arjun Pandit
2. Chintu Pandit Son of Jagdish Pandit Both are resident of Village - Akbarpur
Sonepur, P.S -O.P. Sonepur Hariharnath Mandir, Sonepur, District - Saran at
Chapra.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate , Saran at Chapra.
3. The Sub-Divisional Officer, Sonepur, Saran
4. Circle Officer, Sonepur at Saran.
5. Narayan Shah Son of Late Sharyug Shah
6. Ravindra Shah Son of Late Bhagwan Shah Both are resident of Village -
Meena Bazar, P.S -O.P. Sonepur Hariharnath Mandir, Sonepur, District -
Saran at Chapra.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the State : Mr. Raghwanand, GA-11
: Mr. Rajnish Shandilya, AC to GA-11
For the private respondents: Mr. Surendra Kishore Thakur, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 13-02-2025
Heard Mr. Rajesh Kumar, learned counsel for the petitioners,
Mr. Raghwanand, learned GA-11 for the State as well as Mr. Surendra
Kishore Thakur, learned counsel appearing on behalf of the private
respondents.
2. The present writ petition has been filed for directions upon
the respondent to remove the encroachment over the land of the
petitioners and adjacent land.
3. Learned counsel for the petitioners submits that land in
question was mutated in favour of the ancestors of the petitioners and
rent receipt also issued in their favour. All of sudden, some of the
Patna High Court CWJC No.21969 of 2014 dt.13-02-2025
private persons have encroached over the land in question.
4. A counter affidavit has been filed on behalf of the
respondent-State sworn by the Circle Officer, Sonepur at Saran
(respondent no.4) in which he has accepted that there was
encroachment over the land in question and after receiving the report
from the local authority and after receiving the instructions from the
higher authority, the respondent no.4 has removed the encroachment
over the land in question and handed over the land ad-measuring of 1
katha and 4 dhur to the petitioners and also removed the encroachment
from the path which was situated on the southern part of the house.
5. In view of the stand taken by the State respondents in their
counter affidavit that the land in question has been handed over to the
petitioners and petitioners have not filed any rejoinder to the counter
affidavit which suggests that the grievance of the petitioners has been
redressed.
6. In view of the aforesaid, the writ petition stands disposed
of.
(Rajesh Kumar Verma, J)
ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.02.2025
Transmission Date NA
