IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2344 of 2025 ======================================================

Deepak Sah s/o-Late Kamlal Sah, Resident of Village-Ward No. 07 Bhatwaliya, Gram Sripur Bhatiyalia, Post-Sripur Bazar, P.S.-Sugauli, District-

East Champaran. ... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2. The Collector cum District Magistrate East Champaran, Motihari.

3. The Sub-Divisional Officer, Sadar, Motihari.

4. The Deputy Collector, Land Reform, East Champaran, Motihari.

5. The Circle Officer, Sugauli, East Champaran.

6. Sri Ratnesh Kumar, S/o Babu Lal Baitha, Resident of Village-Shripur Bhatwaliya, Post-Sripur Bazar, P.S.-Sugauli, District-East Champaran.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Ms. Shama Sinha Ms. Aditi Hansaria Mr. Vijayansh Pratap Singh Mr. Surya Prakash For the State : Mr. Mohtab Alam, AC to SC 20 ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 19-01-2026 1. Heard learned Counsel for the parties concerned.

2. The petitioner has filed the present writ application for quashing the notice, dated 02.01.2025, issued by the Circle Officer, Sugauli, East Champaran, in Encroachment Case No. 11 of 2022-23, by which the petitioner has been directed to remove the encroachment from the land appertaining to khata no. 693, khesra no.

4780, having an area of 2.5 decimals, failing which the encroachment would be removed by force.

3. The petitioner has further prayed for a direction to the respondents to measure the land of the petitioner, having khata no. 152, plot no. 4793, having an area of 6.15 kathas, at mouza Sripur, Police Station Sugauli, East Champaran, upon which the permanent pucca house of the petitioner is standing.

4. Learned Counsel for the petitioner argued that the petitioner purchased a piece of land, situated at khata no. 152, plot no. 4793, having an area of 6.15 kathas, at mouza Sripur, by virtue of two registered sale deeds, dated 08.03.1994, bearing sale deeds nos. 3916 and 3917.

5. After purchasing the land in question, the petitioner constructed the cemented house with boundary and has been residing in the same with his family members.

6. The respondent no. 6 started creating disturbance in the peaceful possession of the petitioner on the basis of a forged sale deed in respect of plot no. 152, which was executed by one Abul Hussain, son of Md. Navi Hussain, vide sale deed dated 25.02.1999.

7. A petition was filed by respondent no. 6 before the Circle Officer, Sugauli, upon which the encroachment proceeding, vide Encroachment Case No. 11 of 2022-23, was initiated and a notice was issued to the petitioner on 27.09.2022 for removal of encroachment from the public road, situated at plot no. 4780.

8. According to the petitioner, the measurement was not done in presence of the petitioner and the respondent authorities did not give any opportunity to the petitioner to see the measurement and no measurement report has been brought on record by the respondent authorities. The proceeding has been initiated under pressure of respondent no. 6.

9. In the circumstances, the petitioner approached this Court, in CWJC No. 1237 of 2023 against the notice, dated 27.09.2022, and this Court, after hearing the parties, disposed the writ application on 05.09.2023, directing the Circle Officer, Sugauli, to restrict his action to the plot appertaining to plot no. 4780.

10. Learned Counsel further submits that the respondents have brought a report by way of Annexure R/1 to the counter affidavit, dated 22.08.2022, which is not the measurement report and was issued prior to the order passed by this Court in the writ application, disposed on 05.09.2023, filed by the petitioner. The respondents, without measuring the land of the petitioner and the adjacent land of plot no. 4780,