Shreelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1579 of 2024 ====================================================== Shreelal Yadav Son of Bhadu Yadav, Resident of village - Lakshminiya, Ward No. - 17, P.S. - Nadi Thana, District - Supaul, State - Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Dept. Govt. of Bihar, Patna.

2.

The District Magistrate, Supaul.

3.

The Chief Engineer, Flood Control and Water Drainage, Water Resources Department, Birpur, Supaul.

4.

The Circle Officer, Supaul.

5.

The Rehabilitation Officer, Koshi Project, Supaul. 6.

Budhan Yadav, Son of Jagrup Yadav, Resident of Village - Dubhiyahi, P.S. - Kishanpur, District - Supaul, at present residing at layout no. - 181, Kharail Malhad Punarwas, P.S. - Supaul, District - Supaul. 7.

Shivnandan Yadav, Son of late Basant Yadav, Resident of Village - Dubhiyahi, P.S. - Kishanpur, District - Supaul, at present residing at layout no. - 181, Kharail Malhad Punarwas, P.S. - Supaul, District - Supaul. 8.

Shrawan Yadav, son of Sitaram Yadav, Resident of Village - Dubhiyahi, P.S. - Kishanpur, District - Supaul, at present residing at layout no. - 181, Kharail Malhad Punarwas, P.S. - Supaul, District - Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuldeep Kumar, Advocate For the Respondent/s :

Mr.Standing Counsel 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For Issuance of a direction, order or writ, including writ in the nature of MANDAMUS, direction to the respondent authorities especially the Rehabilitation Officer, Kosi Project

Patna High Court CWJC No.1579 of 2024(2) dt.29-04-2024 2/3 Supaul and Circle Officer, Supaul to remove the encroachment from the encroached site, assurance of later which vide memo no. 1243 dated 24/07/2015 (ANNEXURE-2) of the Director, Land Acquisition & Rehabilitation, Water Resources Department Govt. of Bihar, Patna, whereunder the Director of the said Department has directed the Rehabilitation Officer, Koshi Project, Supaul to remove the encroachment by instituting an encroachment case under the Bihar Public Land Encroachment Act for emancipating the encroached land of the Rehabilitation Department.

(ii) For issuance of an appropriate writ/writs, direction/directions upon respondent authorities to remove encroachment from the land of Koshi Project settled to the petitioner under the rehabilitation scheme without further delay by taking effective steps against the unauthorized occupants.

(iii) For issuance of a direction/directions or writ/writs including writ in the nature of Mandamus commanding the

Patna High Court CWJC No.1579 of 2024(2) dt.29-04-2024 3/3 concerned respondent authorities under the Rehabilitation Department specially the respondent nos. 4 & 5 to provide the petitioner with the layout no. 181, area 09 decimals in Kharail Malhad Punarwas site allotted under the rehabilitation scheme frora the name of his father namely Bhadu Yadav son of Bholay Yadav and settle him there at without further delay by taking effective steps against the encroachers/unauthorized occupants."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Supaul, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off.

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