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Patna High Court

Rajdev SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted the petitioner liberty to challenge the administrative order.

Summary

The petitioner, Rajdev Sah, filed a petition in the Patna High Court seeking liberty to challenge an order dated 15 June 2023 issued by the Circle Officer, Pakri Dayal, in Encroachment Case No.5 of 2020-21. The petitioner argued that the order should be subject to judicial review under the due process of law. The court examined whether the petitioner was entitled to such liberty to contest the administrative order. Justice Mohit Kumar Shah granted the petitioner's request for liberty to challenge the order. Consequently, the petition was disposed of after granting the relief sought.

Issues considered

  • Whether the petitioner is entitled to liberty to challenge the Circle Officer's order dated 15 June 2023 in the encroachment case.

Subjects

  • encroachment
  • civil writ jurisdiction
  • liberty to challenge
  • administrative order
  • due process of law
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Miscellaneous Jurisdiction Case No.2533 of 2023
                                                      In
                               Civil Writ Jurisdiction Case No.1621 of 2023
                 ======================================================
                 Rajdev Sah, (M), Son of Bhagwan Sah, Resident of Village- Sisahani, Ward
                 No.14, PS- Pakari Dayal, District-East Champaran, Motihari.

                                                                            ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar Through Principal Secretary, Revenue and Land Reform
                 Department, Bihar, Patna, Sri Brajesh Mahrotra.
           2.    Sri Brajesh Mahrotra, The Principal Secretary, Revenue and Land Reform
                 Dept. Bihar, Patna.
           3.    Sri Saurabh Sorwal, The District Magistrate, East Champaran, Motihari.
           4.    Sri Rakesh Raman, The Land Reform Deputy Collector, East Champaran,
                 Motihari.
           5.    Sri Ravindra Kumar, The Sub Divisional Officer, Pakari Dayal, District-East
                 Champaran, Motihari.
           6.    Pinki Ray, The Circle Officer, Pakari Dayal, District-East Champaran,
                 Motihari.
           7.    The Ramayan Bhagat, Son of Sarjug Bhaga, Resident of Village-Sisahani,
                 Ward No. 13, PS-Pakari Dayal, District-East Champaran, Motihari.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :    Mr. Sharda Nand Mishra, Advocate
                                               Mr. Sumit Kumar Gupta, Advocate
                 For the Opposite Party/s :    Mr. Sajid Salim Khan, SC 25

                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

8   06-02-2026                   At the outset, the learned counsel for the petitioner

                   seeks liberty on behalf of the petitioner to challenge the order

                   dated 15.06.2023 passed by the Circle Officer, Pakri Dayal, East

                   Champaran, Motihari in Encroachment Case No.5 of 2020-21

                   by taking recourse to the due process of law. Liberty, so sought,

                   is granted.
          Patna High Court MJC No.2533 of 2023(8) dt.06-02-2026
                                                      2/2




                                 2. Accordingly, the present petition stands disposed

                    of.



                                            (Mohit Kumar Shah, J)
GAURAV S./-
U


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