Lalit Banka @ Lalit Kumar Banka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1914 of 2020 ====================================================== Lalit Banka @ Lalit Kumar Banka S/o Late Kunj Lal Banka, Resident of Mohalla- Naya Bazar, Near K.R.K. School, P.s.- Lakhisarai, DistrictLakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Deptt Bihar, Patna.

2.

The District Magistrate, Lakhisarai 3.

The D.C.L.R., Lakhisarai 4.

The Circle Officer, Lakhisarai 5.

The Headmaster, K.R.K. High School, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh For the Respondent/s :

Mr.Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2022 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of a writ in the nature mandamus directing and commanding the respondent authority to restrain the government respondent to not disturb the legal and peaceful possession of the petitioner under Bihar Land Encroachment Act over the land bearing than no. 125/1, khata no. 477, plot no. 496, measuring area of 6 1/2 decimals situated in mauza mathar khagaur, near K.R.K. High School under the Lakhisarai Police Station in the

2/4 District of Lakhisarai.

(ii) For issuance of a writ in the nature of certiorari for quashing the letter dated 14.10.2019 passed in case no.

2/19-20 by the Circle Officer, Lakhisarai contained in Annexure-4 to this writ petition whereby and whereunder removal of the encroachment in encroachment case no. 2/19-20, in respect of house of the petitioner situated over the aforesaid mention land, has been directed.

(iii) For issuance of a writ in the nature of certiorari for quashing the letter memo no. 1295 dated 13.11.2019 under the signature of the Circle Officer, Lakhisarai contained in Annexure-6 to this writ petition whereby and whereunder direction has been issued to remove the encroachment, in encroachment case no.2/19-20, in respect of the house of the petitioner situated over the aforesaid land.

(iv) For issuance of a writ in the nature of certiorari for quashing the letter dated 13.12.2019 passed in Encroachment Case No. 2/19-20 under the signature of Circle Officer,

3/4 Lakhisarai contained in Annexure-7 to this writ petition whereby and whereunder direction has been issued to remove the encroachment, in Encroachment Case No. 2/19-20, in respect of the house of the petitioner situated over the aforesaid mention land.

(v) For issuance of a writ in the nature mandamus directing and commanding to the respondent authority to follow the direction passed in CWJC No. 7007/2018 by Hon'ble Mr.

Justice Dinesh Kumar Singh on 13.4.2018 in encroachment case no.

3/2017-18 in respect of order dated 15.3.2018/26/3/2018 of the Circle Officer, Lakhisarai whereby and whereunder operation of the said order in encroachment case no. 3/2017-18 was stayed and in the meantime, petitioner was allowed to file an appeal against the final order of the Circle Officer, Lakhisarai (vi) For issuance of a writ in the nature mandamus directing and commanding the respondent authority to follow the direction passed in CWJC No. 13908 of 2019 on 16.7.2019 by

4/4 Hon'ble Mr. Justice Mohit Kumar Shah in Encroachment Case No. 3/2017-18 in respect order dated 15.3.2018/26/3/2018 of the Circle Officer Lakhisarai corresponding to appeal no. 1 of 2018 pending before the learned District Magistrate, Lakhisarai, whereby the said appeal was directed to be disposed of within period of four weeks & if appeal was not disposed of in the said period, no coercive step would be taken against the petitioner."

At the outset, the learned counsel for the petitioner seeks to withdraw the present writ petition with liberty to approach the appropriate authority for redressal of his grievances. Liberty, so sought, is granted.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U