Azad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4689 of 2020 ====================================================== Azad Ali Son of Late Nabi Miyan, Resident of Village-Bankerwa, P.O.- Parsauna, P.S. Parsa, District-Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar, Patna. 2.

The Principal Secretary, Department of Minority Welfare, Government of Bihar, Patna.

3.

The District Magistrate-cum-Collector, Saran at Chapra. 4.

The Additional Collector, Saran at Chapra.

5.

The Sub-divisional Officer, Chapra, District-Saran. 6.

The Deputy Collector Land Reforms, Chapra, District-Saran. 7.

The Circle Officer, Parsa Circle, At and P.O. and P.S.-Parsa, District-Saran. 8.

Harinder Sahani, Son of Bindeshwar Sahani, Resident of Village-Dighara, P.O.-Parsauna, P.S.-Parsa, District-Saran.

9.

Jitendra Sahani, Son of Jagdish Sahani, Resident of Village-Dighara, P.O.- Parsauna, P.S.-Parsa, District-Saran.

10.

Mundrika Sahani, Son of Late Police Sahani, Resident of Village-Dighara, P.O.-Parsauna, P.S.-Parsa, District-Saran.

11.

Japan Sahani, Son of Late Bali Sahani, Resident of Village-Dighara, P.O.- Parsauna, P.S.-Parsa, District-Saran.

12.

Chhabila Sahani, Son of Late Lalit Sahani, Resident of Village-Dighara, P.O.-Parsauna, P.S.-Parsa, District-Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ved Prakash Srivastva, Adv.

For the Respondent/s :

Mr.Sita Ram Yadav (Gp16) Mr. Yatindra Narayan, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-10-2024 Though the present writ petition has been filed for removal of encroachment made over public land i.e. Kabristan, situated at village-Bankerwa of Baharmarar Gram Panchayat, under Parsa Block, District-Saran, appertaining to Khata No. 162, Plot No. 783, having an area of 4 Katha 17 Dhur and Khata

Patna High Court CWJC No.4689 of 2020(3) dt.30-10-2024 2/2 No. 280, Plot No. 733, having an area of 10 Katha 10 Dhur, however, the learned counsel for the Respondent-State has submitted, by referring to the counter affidavit filed in the present case that the encroachment in question has already stood removed, nonetheless, the same is controverted by the learned Senior Counsel, appearing for the petitioner and it is submitted that the encroachment in question is still existing over the aforesaid land in question.

2.

In view of the aforesaid, the learned Senior Counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Saran at Chapra, for redressal of his aforesaid grievances, by filing appropriate representation / application, within a period of four weeks from today. Liberty, so sought, is granted.

3.

It is needless to state that in case, appropriate petition is filed before the District Magistrate, Saran at Chapra, by the petitioner, within a period of four weeks from today, the same shall be considered, in accordance with law and appropriate action shall be taken forthwith.

4.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U