Balwant Kumar And Ors vs The State Of Bihar And Ors
2025 Latest Caselaw 1445 Patna

Patna High Court

Balwant Kumar And Ors vs The State Of Bihar And Ors on 30 January, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14173 of 2014
     ======================================================
1.    Balwant Kumar Son of Vijay Prasad, resident of village- Dighwara, Police
      Station- Dighwara, District- Saran at Chapra
2.   Harkeshwar Prasad Bhakta, Son of Satya Narayan Bhakta, resident of
     village- Basatpur, Police Station- Dighwara, District- Saran at Chapra
3.   Ashok Kumar singh, Son of Late Devnath Singh, resident of village-
     Dighwara, Police Station- Dighwara, District- Saran at Chapra
                                                                ... ... Petitioner/s
                                      Versus
1.   The State Of Bihar.
2.   The District Magistrate, Saran at Chapra
3.   The Deputy Development Commissioner-cum-Chief Executive Officer, Zila
     Parishad, Saran at Chapra
4.   The Zila Parishad, Dighwara through its Chairman
5.    The Chief Executive Officer, Zila Parishad, Saran at Chapra
                                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Ms. Nikita Mittal, Advocate
     For the State          :      Mr. Manoj Kumar Yadav, AC to GA-10
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
     ORAL JUDGMENT

Date : 30-01-2025

Heard learned counsel for the petitioners and learned

counsel for the State.

2. The present writ petition has been filed for quashing

of the order/direction/notice dated 03.07.2014 issued under the

signature of Deputy Development Commissioner-cum-Chief

Executive Officer, Zila Parishad, Saran at Chapran (respondent no.

3) by which a direction was issued to the petitioners to remove the

illegal encroachment from the land of District Board within seven

days.

Patna High Court CWJC No.14173 of 2014 dt.30-01-2025

3. Learned counsel for the State submits that for the

same set of land some of the writ petitioner has approached this

Court in C.W.J.C. No. 339 of 2013 and the writ petitioner of

C.W.J.C. No. 339 of 2013 has challenged the order passed in

C.W.J.C. No. 339 of 2013 in LPA No. 1046 of 2014 and the land in

question of the petitioner as claimed by the petitioner that the same

also belonged to Zila Parishad and the learned LPA Court after

hearing all the concerned has come to the conclusion that the

appellant in LPA No. 1046 of 2014 are encroachers of land in Zila

Parishad and petitioners are also encroachers of the land of Zila

Parishad and learned counsel for the petitioners has requested in

the present proceeding that this case may be taken up after

disposal of LPA No. 1046 of 2014.

4. In view of the order passed in LPA No. 1046 of 2014,

no case is made out for interference. Accordingly, the writ petition

stands dismissed.

(Rajesh Kumar Verma, J)

Ibrar//-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          31.01.2025
Transmission Date       N.A.