High Court Patna High Court - Orders

Raj Kumar Sah vs The State Of Bihar & Ors on 3 November, 2011

Patna High Court – Orders
Raj Kumar Sah vs The State Of Bihar & Ors on 3 November, 2011
             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
                                ********

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.)