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Patna High CourtCWJC/2913/2023disposed

Ganesh Chander Singh @ Ganesh Chandra Singh v. The State Of Bihar

2024-01-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2913 of 2023 ====================================================== 1.1. Kishori Devi Wife of Late Ganesh Chander Singh Resident of villageManopali, P.O. and Police Station- Sahajitpur, District- Saran at Chapra. 1.2. Puja Kumari D/o late Ganesh Chander Singh and W/o Abhishek Anand Resident of village- Manopali, P.O. and Police Station- Sahajitpur, DistrictSaran at Chapra. 1.3. Kurji Kumari D/o Late Ganesh Chander Singh and W/o Abhay Kumar Singh Resident of village- Manopali, P.O. and Police Station- Sahajitpur, DistrictSaran at Chapra. ... ... Petitioner/s

Versus

1.

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

The Principal Secreary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The District Magistrate, Siwan, District-Siwan (Bihar). 4.

The Sub Divisional Officer, Maharajganj, District-Siwan (Bihar). 5.

The Deputy Collector Land Reforms, Maharajganj, District-Siwan (Bihar). 6.

The Circle Officer, Lakri Nabiganj, District-Siwan (Bihar). 7.

The Mukhiya, Gram Panchayat Raj Khawaspur, Block-Lakri Nabiganj, District-Siwan (Bihar) ... ... Respondent/s ====================================================== Appearance :

For the Petitioners :

Mr. Subhen Sarkar, Advocate For the State :

Md. Khurshid Alam, AAG-12 Ms. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2024 Heard learned counsels for the parties.

2. This writ application has been filed for the following reliefs:- "A. For directing the Respondent Authorities to take proper steps for removing the encroachment made by the then Mukhiya, Gram Panchayat Raj Khawaspur, Block Lakri Nabiganj, District - Siwan over the settled land of the Petitioner, being an Ex-Airman,

Patna High Court CWJC No.2913 of 2023(5) dt.30-01-2024 2/2 Indian Air Force by filling with soil for construction of Road behind the back of the Petitioner for which the Petitioner has not given consent.

B. For directing the Respondent Authorities to take proper steps on the application filed by the Petitioner before them and further they may be directed to take proper steps as prescribed under the Law regarding proper acquisition of land and payment of compensation in alternative to removing the encroachment.

C. For directing the Respondent Authorities not to proceed with the further construction of Road over the settled land of the Petitioner and to maintain status quo till the disposal of the present writ application.

D. For grant of any other relief or reliefs as your Lordships may found entitled too."

3. After some arguments, learned counsel for the petitioners requests for disposal of the present writ application granting liberty to the petitioners to move before the District Magistrate, Siwan (Respondent No. 3) with respect to their grievance.

4. In view of the prayer made on behalf of the petitioners, this writ application is disposed of with liberty to the petitioners to move before the District Magistrate, Siwan (Respondent No. 3).

(Prabhat Kumar Singh, J) shashank/- U