Dharam Nath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3519 of 2024 ====================================================== Dharam Nath Sharma Son of Late Adalat Thakur Resident of VilalgeAndharwara, Rajapakar, District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reform, Government of Bihar, Patna.

2.

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

3.

The District Magistrate-cum-Collector, District-Vaishali. 4.

The Sub-Divisional Magistrate, Hajipur, District-Vaishali. 5.

The Deputy Collector of Land Reform, Hajipur, Distirct-Vaishali. 6.

The Circle Officer, Hajipur, Distirct-Vaishali. 7.

Jaikali Devi Wife of Chandeshwar Ram Resident of Village-Andharwara, P.S.-Rajapakar, District-Vaishali at Hajipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar, Advocate For the State :

Mr. Raghwendra Kumar, SC-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2024 The present writ petition has been filed seeking the following relief:- "1. For issuance of an appropriate writ directing the respondent Collector of the district to remove encroachment made over Plot No.390, appertaining to Khata No.306, situated at Mauja- Andharwara, Circle Hajipur Sadar, District- Vaishali after canceling the Parcha issued in the names of thirty persons as the said land is recorded in Khatiyan as Sarv Sadharan Land and Aam Rasta of the villagers, but the respondent authorities

Patna High Court CWJC No.3519 of 2024(3) dt.02-12-2024 2/2 have issued Parchas of the said land, violating the order dated 22/11/2017 passed by this Hon'ble Court in CWJC No.- 5223/17, whereby the Circle Officer was directed to remove the encroachment made over the said land after hearing the affected persons.

Further Prayer is to direct the District Magistrate to get the eligibility of the settlers enquired into and then settle other government land available in the locality instead of the Sarv Sadharan/Rasta land in favour of the eligible persons, inasmuch as the villagers have been using the said land as Rasta since a long time."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of filing a civil suit before the learned civil court of competent jurisdiction, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U