Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1132 of 2024 ====================================================== Rakesh Kumar S/o Late Surendra Singh Resident of Village and PO Barkagaon, Mishrauliya, P.S.- Bhawanpur Hat, District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Siwan 2.

The District Magistrate, Siwan.

3.

The Additional Collector, Siwan.

4.

The Sub-Divisional Officer, Siwan.

5.

Randhir Kuamr, Circle Officer, Bhagwanpur Hat (Siwan). 6.

Maheshwar Singh Son of Late Suraj Singh R/o-Village and P.O.-Barkagaon, Mishrauliya Tola, P.s.-Bhawanpur Hat, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Thakur, Advocate For the Respondent/s :

Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-11-2024 Though the present writ petition has been filed for removal of the encroachment in question in pursuance to the encroachment proceedings initiated by the Circle Officer, Bhagwanpur Hat, Siwan vide Encroachment Case No. 03 of 2021-22, however, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit and supplementary counter affidavit filed in the present case that the encroachment in question has already stood removed, nonetheless, the same is disputed by the learned counsel for the petitioner, who submits that the encroachment in question has

Patna High Court CWJC No.1132 of 2024(6) dt.18-11-2024 2/2 been removed partially, hence he be granted liberty to approach the District Magistrate, Siwan for redressal of his subsisting grievances.

2.

Having regard to the facts and circumstances of the case and considering the fact that dispute is existing with regard to part/full removal of the encroachment in question, I deem it fit and proper to grant liberty to the petitioner to approach the District Magistrate, Siwan for redressal of his subsisting grievances, who shall take appropriate action, in accordance with law, forthwith.

3.

The writ petition stands disposed off on the aforesaid terms.

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