Kailash Bind v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4048 of 2020 ====================================================== 1.

Kailash Bind S/o Mani Bind, R/o Village- Bhagatpur, P.S. Piri Bazar, District- Lakhisarai.

2.

Manoj Singh, S/o Late Parmanand Singh, 3.

Shiv Shankar Singh, S/o Nageshwar Prasad Singh, 4.

Upendra Prasad Singh, S/o Late Siya Sharan Singh. 5.

Deepak Singh, S/o Baleshwar Prasad Singh.

6.

Indu Shekhar S/o Late Vakil Singh, Petitioner No. 2 to 6 are R/o Village- Ghosaith, P.S. Piri Bazar, DistrictLakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Lakhisarai.

4.

The Superintendent of Police, Lakhisarai.

5.

The Sub-Divisional Officer, Lakhisarai Sadar, District- Lakhisarai. 6.

The Block Development Officer, Surajgarha, District - Lakhisarai. 7.

The Circle Officer, Surajgarha Anchal, District - Lakhisarai. 8.

The S.H.O. Piri Bazar Police Station District - Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Adv.

For the Respondent/s :

Mrs. Archana Prasad, AC to SC 19 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 24-02-2020 Heard learned counsel for the petitioners and learned counsel for the respondents.

Petitioners have prayed for the following reliefs: (i) For issuance of a writ in the nature of mandamus

Patna High Court CWJC No.4048 of 2020(2) dt.24-02-2020 2/3 directing and commanding the respondent authorities to remove the encroachment of public Road (a) Piri Bazar Market Area from Rajpur Pul to Kashichak, PWD Road including Piri Bazar Road, (b) From Piri Bazar Kali Asthan via Revenue Kachahari via Hospital Road to upgraded Middle School, Shiv Nagar village under the Piri Bazar Police Station, District-Lakhisarai.

(ii) For issuance of a writ in the nature of mandamus directing and commanding the respondent authorities to remove the encroachment (a) Piri Bazar Aahar below Road to Neha Patrol Pump, (b) From Gram Kachahari Ghosaith to situated Mill of Upendra, (c) From the house of Pankaj Sao, late Sitaram Poddar to the road of Piri Beldari via Durga Asthan, (d) from the house of Late Mishri Sao via Piri Bazar Thakurbari and also via shop of Mahendra Halwai to the building of Anradha Devi at Piri Bazar situated at Mauza-Loshghani, Ghosaith and Rajpur, P.S.- Piri Bazar, District- Lakhisarai.

(iii) For issuance of a writ in the nature of mandamus directing and commanding the respondent authorities to remove the encroachment of the road area, drainage, pond, Aahar, river and Giar Mazarua Land situated bearing Khata No. 251 in the village of Ghosaith under the Piri Bazar Police Station in the District of Lakhisarai.

After the matter was heard for some time, finding the Court not to be in favour of submission made across the bar, learned counsel for the petitioners seek permission to approach

Patna High Court CWJC No.4048 of 2020(2) dt.24-02-2020 3/3 the authorities concerned for highlighting the grievance in accordance with law.

Mrs. Archana Prasad, learned counsel for the respondents, states that any such request shall be dealt with expeditiously and in accordance with law.

Statement is taken on record.

In view of the same, the present petition stands disposed of with a direction that any such request is received from the petitioners, the same shall be dealt with in accordance with law with reasonable dispatch and not later than six months thereafter.

(Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U