Harivilas Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4543 of 2017 ====================================================== Harivilas Singh Son of Shivanravan Singh, Residents of Village P.O.- Mahraja, Police Station- Shahpur, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Bhojpur.

3.

The District Development Commissioner-Cum- Chief Executive Officer, Bhojpur Jila Prishad, District 4.

The Superintendent of Police, Bhojpur.

5.

The Sub- Divisional Officer, Jugdishpur.

6.

The Sub- Divisional Police Officer, Jugdishpur. 7.

The Circle Officer, Shahpur, District- Bhojpur. 8.

The Block Development Officer, Shahpur, District- Bhojpur. 9.

The Station- Head Officer, Police Station- Shahpur, District- Bhojpur. 10.

Data Ram Singh, Son of Late Ramgati Singh, Resident of Village P.O.- Mahraja, Police Station- Shahpur, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Prasad Yadav, Adv.

For the Respondent/s :

Mr.Md. Ebadur Rahman Shakeb, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 The present writ petition has been filed seeking the following relief:- "1. That by way of this writ application petitioner craves indulgence before this Hon'ble High Court for issuance of writ in nature of Mandamus and others appropriate writ/writs, order/orders direction/ directions for commanding to the respondents nos 1 to 9 to remove or to restrain the illegal encroachment of land in R. S. continuous Khatian in SARV SADHARAN i.e.

Patna High Court CWJC No.4543 of 2017(2) dt.12-04-2023 2/3 Government of the Bihar at village-Mahraja in Khata no. 147 plot no. 561, area 0-03 decimal and part of plot no. 558, 559, 560,562 and 563 at village + P. O. Mahraja, Station - Shahpur, District -Bhojpur.

It is further pray that the aforesaid plot was selected by all members of local Panchayat executive committee along with local Mukhiya foe purpose of Aangan Bari Centre Building at village Mahraja and aforesaid place has selected and sanction order has issued by the concerned authority." At the outset, the learned counsel for the RespondentState has submitted, by referring to paragraph no. 12 of the counter affidavit filed in the present case that the land in question, appertaining to Khata No. 147, Khesra No. 561, situated at Village-Mahraja, Police Station-Shahpur, DistrictBhojpur, has been settled in favour of the private respondent and one another person by the competent authority, vide Settlement Case No. 29 of 88-89 and rent receipts have also been issued in their favour, hence, the petitioner may take appropriate steps, in accordance with law.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent authorities for redressal of his subsisting

Patna High Court CWJC No.4543 of 2017(2) dt.12-04-2023 3/3 grievances, if any. Liberty, so sought, is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) Ajay/- U