Prem Kumar vs State of Bihar - 2025 Supreme(Pat) 45

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Pat) 45

MOHIT KUMAR SHAH
Prem Kumar – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioners: M/s Basant Kumar Chaudhary, Sr. Adv., Arvind Kumar.
For the State : M/s Sajid Salim Khan, SC-25, Prakritita Sharma, AC to SC-25.

Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dt. 07.08.2023, passed by the Circle Officer, Gaya Town, in connection with Encroachment Case No.11 of 2016-17 whereby 14 persons, including the petitioners have been declared to be encroachers of public land. The petitioners have also prayed for quashing the order dated 14.09.2023, passed in Encroachment Appeal Case No.14 of 2023, by the District Magistrate, Gaya, whereby and whereunder the appeal filed by the petitioners against the order dated 07.08.2023, passed by the Circle Officer, Gaya Town, in Encroachment Case No.11 of 2016-17, has been rejected and the Circle Officer, Gaya Town has been directed to remove the encroachment in question.

2. The brief facts of the case, according to the petitioners are that the petitioners are in possession of a piece of land appertaining to Khata No.127, Plot No.266 (admeasuring 1232 sq. feet), Plot No.267 (admeasuring 4620 sq. feet), Plot No.267 (admeasuring 2750 sq. feet) and Plot No.302 (admeasuring 639 sq. feet), situated at village-Nawgarh, P.S.-Chakand, District- Gaya. It is submitted that the ancestors of the petitioners used to pay rent to Captain Mah

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