IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.9095 OF 2008
RAJ KUMAR SAH, SON OF LATE RAM CHANDRA SAH, RESIDENT OF MAUJA
CHAK LOKMAN, WARD NO. 8, GOLA GHAT, POLICE STATION DALSINGSARAI,
DISTRICT SAMASTIPUR
VERSUS
1. THE STATE OF BIHAR
2. THE COLLECTOR -CUM- DISTRICT MAGISTRATE, SAMASTIPUR
3. THE CIRCLE OFFICER, DALSAINGSARAI, DISTRICT SAMASTIPUR
4. THE SUB DIVISIONAL OFFICER, DALSINGSARAI, DISTRICT
SAMASTIPUR
5. SHRI SUSHIL KUMAR SUREKA, SON OF PRABHU NARAYAN SUREKA
6. SHRI SURENDRA NAIK, SON OF LATE LAXMI NARAYAN NAIK,
5 AND 6 ARESIDENT OF MAUJA CHAK LOKMAN, POLICE STATION
DALSING SARAI, DISTRICT SAMASTIPUR
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4 03/11/2011 There is a dispute over plot no. 548
measuring 2 decimals on which there is a well and a
temple. The petitioner claims that this belongs to the
State of Bihar and that the respondents 5 and 6 are
encroachers.
Accordingly, an encroachment case was
initiated and by order dated 10.07.2007, the Anchal
Adhikari, Dalsingsarai has stayed the encroachment
proceedings and asked the parties to approach the
competent Court for settlement of the dispute.
Notices were issued to respondents 5 and 6
but they refused to accept notice.
The order dated 10.07.2007 discloses that the
private respondents are claiming title over the lands in
question through a sale deed. Obviously, encroachment
2
proceedings are not maintainable with respect to the
raiyati lands and as such the Anchal Adhikari has
rightly stayed the encroachment proceedings and asked
the parties to get the dispute settled through a
competent Court.
This Court finds no illegality in the order
impugned. This writ application is accordingly
dismissed.
Anand ( Sheema Ali Khan, J.)