Md. Abdul Rauf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.888 of 2023 ====================================================== Md. Abdul Rauf Son of Md. Abdul Rashid, Resident of West Ajimganj, Momin Tola, P.S. Haveli Kharagpur, District Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The Commissioner, Munger Division, Munger.

4.

The District Magistrate, Munger.

5.

The Sub-Divisional Officer, Haveli Kharagpur, Munger. 6.

The Superintendent of Police, Munger.

7.

Md. Inamul Haque Son of Late Hanif Resident of Mohalla-West Ajimganj, P.S. Haveli Kharagpur, District-Munger.

8.

Smt. Indu Devi Wife of Krishna Murari Yadav Resident of Village Pokharia, P.S. Haveli Kharagpur, District Munger.

9.

Circle Officer, Haveli Kharagpur, Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC 19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2023 1.

At the very outset, the learned counsel for the petitioner seeks permission to add the Circle Officer, Haveli Kharagpur, Munger as party respondent no. 9 to the present writ petition. Permission so sought, is granted. 2.

The needful be done during the course of the day.

3.

The present petition has been filed seeking the following relief :-

Patna High Court CWJC No.888 of 2023(2) dt.19-09-2023 2/3 "(i) For issuance of a writ in the nature of Mandamus the nature of Mandamus for direction the respondents to remove the encroachment of the public way of the graveyard situated at the Sub- divisional road, Haveli Kharagpur, which was illegally occupied by the private respondents 2nd set upon the gifted land in the name of His Excellency the Governor of Bihar and also for direction directing the respondents to fence the approach road of the graveyard as per the map as well as the area of the gifted land. "

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Haveli Kharagpur, Munger for redressal of his aforesaid grievance, however submits that since the respondents have admitted in the counter affidavit filed in the present case that a requisition for demarcation has been made before the Circle Officer, Haveli Kharagpur, Munger and the same is pending consideration, the Circle Officer, Haveli Kharagpur, Munger be directed to

Patna High Court CWJC No.888 of 2023(2) dt.19-09-2023 3/3 demarcate the land in question and take appropriate action for removal of the encroachment. It is directed accordingly. 3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U