Satya Prakash Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2700 of 2023 ====================================================== Satya Prakash Srivastava S/o Shri Krishan Prasad resident of Village - Darauli, P.S. - Darauli, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and Land Reforms Department Government of Bihar Patna. 2.

The District Magistrate, Siwan.

3.

The Additional Collector, Siwan.

4.

The Sub-Divisional Officer-cum-Sub-Divisional Public Grievance Redressal Officer, Siwan.

5.

The Circle Officer, Darauli, Siwan.

6.

The Circle Inspector, Darauli Block, Darauli, Siwan. 7.

The Anchal Amin Darauli Block, Darauli, Siwan. 8.

The revenue Clerk Darauli Block, Darauli, Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sinha, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2024 The present writ petition has been filed seeking the following relief:- "(i) For issuance of a direction to the respondent to remove the encroachment which is still existing on the path way (common rasta) situated over the land bearing Khata no.320, Plot no 745,776 and 789 respectively, even after the direction of this Hon'ble Court vide C.W.J.C no 6501/2020 in which undertaking was given by the Respondent no 3,5 and 6 on oath in their counter affidavit that the encroachment has been removed vide para 7 of their counter affidavit dated 12.08.2020 and

Patna High Court CWJC No.2700 of 2023(3) dt.28-06-2024 2/2 placing reliance on the same the matter was finally disposed off with a liberty to the petitioner to approach the District Magistrate Siwan in case of any subsisting grievance on 16.08.2020.

(ii) For issuance of the direction to the respondents no-2 District Magistrate Siwan to ensure the free, fair and effective implementation of the order of this Hon'ble Court for removal of the encroachment over the land in question."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Siwan for redressal of his aforesaid grievances in terms of the earlier order of this Court dated 16.08.2022, passed in CWJC No.6501 of 2020 and in case appropriate representation is filed, within a period of four weeks from today, the District Magistrate, Siwan shall enquire into the matter and take appropriate action, in accordance with law, forthwith.

3.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U