Aatma Ram Prasad @ Atmaram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5725 of 2023 ====================================================== 1.

Aatma Ram Prasad @ Atmaram Prasad Son of Bhagwati Sharan Prasad @ Bhagawati Sharan Prasad Resident of Village and Post Office- Sangrampur, Imiliya Tola, P.S. Sangrampur, District- East Champaran. 2.

Sita Ram Prasad @ Sitaram Prasad, Son of Bhagwati Sharan Prasad @ Bhagawati Sharan Prasad Resident of Village and Post Office- Sangrampur, Imiliya Tola, P.S. Sangrampur, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Department, Govt. of Bihar, Patna.

2.

The Director, Revenue and Land Reforms, Department, Govt. of Bihar, Patna.

3.

The District Magistrate cum Collector, East Champaran at Motihari. 4.

The Additional Collector, East Champaran at Motihari. 5.

The Sub Divisional Officer, Areraj, East Champaran. 6.

The Circle Officer, Sangrampur Anchal, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanesh Shankar Vidyarthi For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for a writ in the nature of mandamus, directing and commanding to the respondent authorities to vacate the encroachment from the land pertaining to Mauza Sangrampur, Khata No. 77, Khesra No. 4022 in which the encroachment of the land in dispute was vacated/removed as per the direction given in C.W.J.C. No. 9050 of 2021 (Bhagwat Sharan

Patna High Court CWJC No.5725 of 2023(2) dt.16-10-2023 2/3 Prasad Versus the State of Bihar and others) dated 23.09.2022 but after that it has been again encroached by the antisocial elements of the locality, even the concrete Road which was made under the provisions of the Govt. of Bihar, has also been encroached by the encroachers, apart that the outcome way has been stopped.

AND Further issuance a direction that in connivance of the encroachers, the representative of Panchayat wants to construct over the land in question likewise Panchayat Bhawan, Anganbari Centre, Jivika Bhawan etc. that any how the encroachers make a garb by constructing their houses etc. over the said land.

AND Further issuance a direction that the premises in question is Aam Rasta and exit point for the villagers even the said land stands in front of the residing plot of petitioners so a direction may kindly be given to respondent authority for keeping the front land of petitioners open and not making any kind of Panchayat Bhawan or Jivika Bhawan in front of the land of the petitioners, so that their exist may not be disturbed.

AND Further be pleased to pass order (s) in which the Petitioners may deem fit and just."

2.

After some arguments, the learned counsel for the

Patna High Court CWJC No.5725 of 2023(2) dt.16-10-2023 3/3 petitioners seeks liberty on behalf of the petitioners to approach the Circle Officer, Sangrampur, East Champaran, for redressal of their aforesaid grievances. Liberty, so sought, is granted. 3.

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