Jwala Prasad v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5259 of 2017 ====================================================== Jwala Prasad S/o Late Pradeep Narayan Sinha, resident of Village- Jujharpur, P.S.- Saraiya, Distt- Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Principal Secretary, Deptt. of Land Reforms, Govt. of Bihar, Patna. 3.
The District Magistrate-cum-Collector, Muzaffarpur. 4.
The Senior Superintendent of Police, Muzaffarpur. 5.
The Senior Deputy Collector, Incharge of District Public Grievance Cell, Muzaffarpur.
6.
The Deputy Collector, Land Reforms West, Muzaffarpur. 7.
The Circle Officer, Saraiya Anchal, Muzaffarpur. 8.
Shri Jhuni Lal Sah @ Jhuni Lal Sharan, S/o Late Ram Lakhan Sah, resident of Village- Lalpura, P.S.- Saraiya, Distt- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Verma, Advocate For the Respondent/s :
Mr.Md.Khurshid Alam-AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-04-2023 The present writ petition has been filed seeking the following reliefs:- "(i) To act upon and give effect to the Action Taken Report (ATR) submitted by the Circle Anchal, Officer, Saraiya Muzaffarpur contained in memo no.
2020 dated 19.12.16 in purported compliance of the letter being no.1249 dated 26.10.16 issued by the Deputy Collector, Land Reforms, West, Muzaffarpur directing therein the Circle
Patna High Court CWJC No.5259 of 2017(2) dt.13-04-2023 2/3 Officer, Saraiya to submit a report in response to the complaint filed by One Jhuni Lal Sah @ Jhuni Sharan (Respondent No. 8 herein) before the Chief Minister Secretariat as also the District Collector, Muzaffarpur, ensuring removal of blatant, forcible and gross encroachment/ grabbing of the land property at the hands of Respondent No.8 relating to Khata No. 38, Revisional Survey Plot No. 70 carved out of Survey Plot No. 40 measuring an area of 0.33 decimals of land situated at Mauza Rahmatpur under Thana No. 459 within Saraiya Anchal in the district of Muzaffarpur forthwith as a follow- up to the findings/inquiry report.
(ii) To restore and revive possession and control of the Petitioner over the land in question which remains disturbed and disrupted since 07.05.12 at the hands of Jhuni Lal Sah @ Jhuni Lal Sharan (Respondent No. 8 herein) being a complete stranger in so far as the title, right and interest over the land in question is concerned in the background of registered sale deed executed dated 23.12.1922 in favour of One Ambika Prasad, ancestor and grand father of the
Patna High Court CWJC No.5259 of 2017(2) dt.13-04-2023 3/3 Petitioner by the title holder.
(iii) To demolish any and every construction over the land in question made illegally and forcibly by Jhuni Lal Sah @ Jhuni Lal (Respondent No. 8 herein) being a total stranger to the said land."
At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.
The writ petition stands dismissed as not pressed.
(Mohit Kumar Shah, J) kanchan/- U