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2022 Supreme(Pat) 468

MOHIT KUMAR SHAH
Birendra Ram @ Virendra Ram – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Mr. Bachan Jee Ojha.
For the Respondents: M/s Rishi Raj Sinha, Atul Shanker.

MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the notice dated 06.03.2018, issued by the respondent no. 4 i.e. the Circle Officer, Madanpur, District- Aurangabad in Encroachment case no. 24 of 2017-18, in the name of the father of the petitioners who has already died about 20 years back, for demolition of the residential house of the petitioners on account of the same being an encroachment under the provisions of the Bihar Public Land Encroachment Act, 1956. The petitioners have also prayed for quashing of the order dated 02.01.2018, passed in Case no. 214 of 2017-18, by the learned Additional Collector Aurangabad i.e. the respondent no. 3, whereby and whereunder the Jamabandi of the land appertaining to Khata no. 52, Plot no. 263 situated in Circle Madanpur, District- Aurangabad, PS 856 has been cancelled.

2. The brief facts of the case, according to the petitioners, are that the land in question which is situated at Mauza Darbhanga, Khata no. 52, Plot no. 263, Area 61 decimal, earlier recorded as Gairmazarua Mallik land in Revisional Survey, was settled in the name of the father of the petitioners namely Ram Das Chamar in the year 1970-71 vide Case no

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