Shivnath Ray v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10927 of 2016 ====================================================== Shivnath Ray Son of Late Ramsurat Ray Resident of village - Madhaul, Mahua, P.S. Mahua, District - Vaishali ... ... Petitioner/s
Versus
1.
The State Of Bihar through the District Magistrate-cum-Collector, Vaishali. 2.
The District Magistrate - Cum - Collector, Vaishali 3.
The Circle officer, Mahua, Vaishali 4.
Amresh Choudhary Son of Late Dilip Choudhary Resident of village - Madhaul, Mahua, P.S. Mahua, District - Vaishali 5.
Ashok Choudhary Son of Late Krishna Choudhary Resident of village - Madhaul, Mahua, P.S. Mahua, District - Vaishali 6.
Anil Choudhary Son of Hare Lal Choudhary Resident of village - Madhaul, Mahua, P.S. Mahua, District - Vaishali 7.
Binod Ray Son of Late Vanshu Ray Resident of village - Madhaul, Mahua, P.S. Mahua, District - Vaishali 8.
M/s Nand Construction, Dahiya Banh Tola, Chhapra ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suryakant Kumar, Adv For the Respondent/s :
Mr.Manish Kumar- Gp8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following reliefs:- "(i) For direction to the Circle Officer, Mahua to dispose of Case Number 08 / 2015-16 instituted for removal of encroachment over the land of the road situated in village Rasulpur Mohiuddin @ Madhaul, Thana No. 152, Khata No. 620, Khesra No. 3317 measuring an area of 2.2. decimals by
Patna High Court CWJC No.10927 of 2016(2) dt.04-04-2023 2/3 Respondent No. 4 to 7 as is evident from the report dated 14-09-2015 submitted by Anchal Ameen to Circle Officer, Mahua as well as the Report of the Halka Karmchari dated 31-10-2015 annexed as Annexure-1 (Series) to this application.
(ii) For direction to the respondents to remove encroachment over the aforementioned land so that construction of road over the aforementioned land may be done.
(iii) For restraining Respondent No. 8 from making construction of road over the land of the petitioner bearing Thana No. 152, Khesra No. 3013 and 3014 which is situated adjacent to the aforementioned encroached road land because the Respondent No. 8 is trying to construct road through the land of the petitioner forcefully by changing alignment near the encroached land saying that it has to complete road work very soon."
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner/aggrieved persons to approach the Circle Officer, Mahua, Vaishali, for removal of the
Patna High Court CWJC No.10927 of 2016(2) dt.04-04-2023 3/3 encroachment in question. Liberty so sought is granted.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) kanchan/- U