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Patna High CourtCWJC/5765/2017disposed

Md. Ikram v. The State Of Bihar And ORS

2023-04-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5765 of 2017 ====================================================== Md. Ikram Son of Late Haji Md. Ayub Hussain, resident of Village- Arkatta, P.S. Barahat, Anchal- Bounsi, District- Banka. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary Education Department, Patna 2.

Principal Secretary, Education Department, State of Bihar, Patna. 3.

Officer on Special Duty, Governor Secretariat, Bihar, Patna. 4.

Collector, Banka.

5.

Circle Officer, Bounsi, District Banka.

6.

S.P. Banka.

7.

S.H.O. Barahat, Banka.

8.

Mustak Ansari, Son of Late Quyum Ansari, Resident of Village- Arkatta, Tola Tarapur, P.O.- Aouria, P.S. Barahat, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh, Adv.

For the Respondent/s :

Mr.Kumar Kamal Nayan, AC to SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of writ of Mandamus commanding the respondent authorities particularly Respondent no. 4 and 5 to take appropriate adequate measure against respondent no. 8 to remove the encroachment over the land of Khata no. 175, Plot no. 6, area 5 decimals situated in MauzaBagdamma, Tola-Arkatta in compliance of direction issued by the O.S.D. Governor Secretariat, Bihar, Patna dated 29.5.2015 as

Patna High Court CWJC No.5765 of 2017(2) dt.13-04-2023 2/2 well as direction of District Education Officer dated 4.2.2016 and to make school building for the education of the children of the village tola- Arkatta and its locality.

(ii) For issuance of writ of Mandamus commanding the respondent authority particularly respondent no. 2 to take appropriate legal action against the erring authority, who are responsible in not taking proper legal action into the matter in not removing the aforesaid encroachment over the land of school gifted by the father of petitioner and if it is not being used for school then gifted land to return bank to the petitioner."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent authorities for redressal of his aforesaid grievances. Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U