Patna High Court - Orders
Hemant Kumar And Ors vs The State Of Bihar And Ors on 11 December, 2023
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6634 of 2017
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1. Hemant Kumar and Ors
2. Mani Bhushan Kumar,
3. Ashwani Prasad, All Sons of Bishwanath Prasad, Resident of Village-
Sundarpur Kharoana, P.O.- Mahuaria, P.S.- Sheohar, District- Sheohar.
... ... Petitioner/s
Versus
1. The State Of Bihar and Ors
2. The Commissioner, Tirhut Division, Muzaffarpur.
3. The Collector, Sheohar.
4. The Superintendent of Police, Sheohar.
5. The Deputy Collector Land Reforms, Sheohar.
6. The Circle Officer, Sheohar.
7. Officer-in- Charge, Sheohar Police Station, Sheohar.
8. Umesh Ram,
9. Bigu Ram,
10. Chotelal Ram Sl.No. 8 to 10 Sons of Shiv Shankar Ram, Resident of
Village- Sundarpur Kharoana, P.O.- Mahuaria, P.S.- Sheohar, District-
Sheohar.
11. Ganesh Ram,
12. Nemi Chand Ram,
13. Nandu Ram,
14. Harischandra Ram,
15. Suresh Ram Sl. No. 11 to 15 Sons of Late Kapildeo Ram, Resident of
Village- Sundarpur Kharoana, P.O.- Mahuaria, P.S.- Sheohar, District-
Sheohar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Mohan
For the Respondent/s : Mr.S.C.Yadav-Gp15
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 11-12-2023Heard the learned counsel for the parties.
2. The contention of the learned counsel for the petitioner is that Basgit Parcha was issued by the authorities on Patna High Court CWJC No.6634 of 2017(4) dt.11-12-2023 2/3 the raiyati land of the petitioner.
3. The Basgit Parcha was cancelled by the collector vide his order dated 04.07.2011 in Basgit Case No. 06 of 2011. Against the order of the collector, the petitioners had moved this court and this court vide order dated 05.01.2012 in C.W.J.C. No. 52 of 2012 directed them to move before the Bihar Land Tribunal.
4. The Bihar Land Tribunal vide its order dated 22.08.2016 in B.L.T. Case No. 341 of 2016 has rejected the case of the petitioner and has upheld the order of the collector, thereafter, the petitioners have been waiting for removal of the encroachment but the Circle Officer Sheohar has not removed the encroachment.
5. Learned counsel for the State has submitted that the dispute between the parcha holder and petitioners and it is a private dispute therefore the State will not remove the encroachment.
6. I have considered the submission of the parties.
7. It is on the strength of the Basgit Parcha issued by the state that the land of the petitioner was captured/encroached by the respondent no. 8 to 15.
8. In these circumstances, issue notice to the Patna High Court CWJC No.6634 of 2017(4) dt.11-12-2023 3/3 respondent no. 8 to 15 by both modes- under registered cover A/D as well as ordinary process for which requisites etc., must be filed within one week from today, failing which this application shall stand dismissed without further reference to the Bench.
9. List this case after ten weeks.
(Sandeep Kumar, J) Shishir/-
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