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MOHIT KUMAR SHAH
Rup Narayan Choudhary – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 22.12.2021, passed by the Circle Officer, Tardih, District-Darbhanga, i.e. the Respondent No. 5, in connection with Encroachment Case No. 1 of 2021 as also for quashing the appellate order dated 26.7.2022, passed by the learned Court of Collector-cum-District Magistrate, Darbhanga, in Encroachment Appeal Case No. 1 of 2022, whereby and whereunder the appeal has been dismissed. The petitioner has also prayed that the respondents be directed to pay compensation for illegally demolishing the boundary wall of the petitioner.
2. The brief facts of the case, according to the petitioner, are that the dispute in question pertains to land of the petitioner, situated at Thana No. 357, old Plots No. 1036 and 1037, corresponding to new Plots No. 1623 and 1624, Khata No. 388, ad-measuring 3 decimals and 5 decimals respectively. It is stated that admittedly, the aforesaid lands have been recorded in the revisional survey khatiyan as Anabad Sarvsadharan and the nature of the land has been shown as purani parti, however, adjacent to the said plots, the raiyati land of the petitioner, appertaining to Plot No.
Civil courts have jurisdiction to adjudicate title disputes over land; revenue authorities cannot evict occupants under disputed ownership.
The court upheld the refusal to interfere with eviction notices under the Bihar Public Land Encroachment Act, emphasizing the need for petitioners to establish their claims before the authority.
The main legal point established in the judgment is the principle of res judicata and the finality of dropped encroachment proceedings, which prevent the reinitiation of proceedings for the same land....
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