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MOHIT KUMAR SHAH
Mahabir Mahto alias Mahabir Prasad – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for setting aside the notice dated 15.7.2024, issued by the Circle Officer, Maner, i.e. the Respondent No. 4, in connection with Encroachment Case No. 1 of 2024-25, asking the petitioner to appear and show cause as to why the encroachment made over the land, situated at Mauza- Mahinava, Thana No. 31, P.S. Maner, District-Patna, appertaining to Khata No. 418, Khesra No. 723, ad-measuring 3.4 decimal, be not removed. The petitioner has further prayed for directing the Respondent authorities to initiate action against the Circle Officer, Maner, for malafidely and in a frivolous manner initiating the aforesaid encroachment proceedings.
2. The brief facts of the case, according to the petitioner, are that a land bearing Plot No. 723, Khata No. 418, Mauza Mahinava, Maner, ad-measuring 30 decimal, was the raiyati land of the ex-landlord, which was partitioned in two separate parts, out of which 22 decimal of land was allocated as Kabristan land and the rest i.e 8 decimal Bakast land was in possession of the ex-landlord as Sahan of Plot No. 722. Out of the said 8 decimal land, 4 decimal land was purchased by one Brij Kishore Mish
The Circle Officer lacked jurisdiction to issue prohibitory orders regarding property use, rendering such orders void and unenforceable.
The court affirmed that the petitioners failed to prove any right, title, or interest over the public land, validating the encroachment proceedings under the Bihar Public Land Encroachment Act.
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