Patna High Court
Kuber Sahi And Ors vs The State Of Bihar And Ors on 20 February, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2887 of 2014
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Sudhanshu Shahi Son of Sri Kamlesh Shahi Resident of Village - Siyarigarha,
P.S. Siwan Muffasil, District - Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Magistrate, Siwan
3. The Superintendent Of Police S.P. , Siwan
4. The S.D.O. Siwan
5. The Circle Officer C.O. Sadar Block - Siwan, District - Siwan
6. Kuber Shahi Son Of Late Laxuman Shahi Resident Of Village - Siyarigarha,
P.S. Siwan Muffasil, District - Siwan
7. Amar Shahi Son Of Baldeo Shahi Resident Of Village - Siyarigarha, P.S.
Siwan Muffasil, District - Siwan
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 13752 of 2014
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1. Kuber Sahi Son of Late Laxman Sahi
2. Ram Pujan Sahi Son of Late Mahraj Sahi
3. Brajesh Sahi @ Vijay Sahi Son of Late Ram Ekbal Sahi
4. Shiv Shambhu Sahi @ Chandrasen Sahi Son of Late Mansi Sahi.
5. Awadhesh Sahi @ Umesh Sahi Son of Late Barai Sahi
6. Amar Sahi @ Amarnath Sahi Son of Baldeo Sahi
7. Ram Sumer Sahi son of Gorakh Sahi all residents of Mauza Siyadi Garh,
Police Station Siwan, Muffasil, District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar and Ors
2. The District Magistrate, Siwan.
3. The Sub- Divisional officer, Siwan.
4. Circle Officer C.O. Sadar Block, Siwan, District- Siwan.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 2887 of 2014)
For the Petitioner/s : Mr. Ramchandra Sahni, Advocate
For the State : Mr. Ramadhar Singh, G.P.-25
Patna High Court CWJC No.2887 of 2014 dt.20-02-2025
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(In Civil Writ Jurisdiction Case No. 13752 of 2014)
For the Petitioner/s : Mr. Sarva Deo Singh, Advocate
For the Respondent/s : Mr. Suresh Kumar, AC to GP-1
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL JUDGMENT
Date : 20-02-2025
Both the writ petitions have been arising from the same
set of land bearing Tauzi No. 3910, Khata No. 1072, Survey No.
1447 area 2.25 Acres situated at village Siyari Garha, P.S. Siwan
Muffasil, District- Siwan and disposed of with the common
order.
2. The writ petition bearing C.W.J.C. No. 2887 of 2014
has been filed for the direction upon the respondents to remove
the encroachment made over the Government pond by the
Respondent Nos. 6 and 7 who are writ petitioners in C.W.J.C.
No. 13752 of 2014.
3. Petitioners of C.W.J.C. No. 13752 of 2014 have
challenged the order dated 28.04.2014 passed by the Circle
Officer ( Respondent No. 4) by which all the petitioners have
been declared encroachers on the portion of the land mentioned
as aforesaid. Apart from that, petitioners of C.W.J.C. No. 13752
of 2014 have also challenged the order dated 29.05.2014 by
which the local administration has been requested to provide
four J.C.B., eight tractors and forty labours for taking
appropriate action to vacate the encroached land by the
Patna High Court CWJC No.2887 of 2014 dt.20-02-2025
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petitioners.
4. Learned counsel for the petitioners submits that the
finding of the Respondent No. 4 is contrary to the documents
produced by the petitioners regarding the title of the land in
question which belongs in the name and title as Malik
Gairmazarua which have been alloted to the petitioners by
Hukumnama before independence and they are residing after
constructing the dwelling houses and Bathan etc. And apart
from that, the impugned order passed by the Respondent No. 4
is without considering the contention of the petitioners and
without examining the documents which were produced by the
petitioners, in the Encroachment Case No. 2 of 2013-2014.
5. Learned counsel for the State has filed a counter
affidavit stating therein that the petitioners (C.W.J.C. No. 13752
of 2014) were heard before the passing the impugned order
dated 28.04.2014 in accordance with law and after due
consideration of all the facts enclosed with the documents
produced by the petitioners, the Respondent No. 4 has passed
the order in Encroachment Case No. 2 of 2013-2014.
6. Having heard learned counsel for the parties and
perused the materials available on record, the orders dated
28.04.2014
and 29.05.2014 is hereby set aside and the matter is
Patna High Court CWJC No.2887 of 2014 dt.20-02-2025
remitted back to the Respondent No. 5, the Circle Officer, C.O.,
Sadar, Block-Siwan to examine the present matter afresh
pertaining to land in question as mentioned aforesaid and after
hearing all the parties including the petitioners of C.W.J.C. No.
2887 of 2014 and petitioners of C.W.J.C. No.13752 of 2014 and
also examine the documents produced by the petitioners of
C.W.J.C. No. 13752 of 2014 in support of their claims and pass
a speaking order in accordance with law within a period of three
months.
7. With the aforesaid direction/ liberty, this writ
application stands disposed of.
(Rajesh Kumar Verma, J)
priyanka/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 07.03.2025
Transmission Date N/A
