Dilip Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4155 of 2024 ====================================================== Dilip Ray Son of Late Garishanker Ray Resident of Village Gawsara Block and P.S. Kudhani (Turki O.P.) District- Muzaffarpur ... ... Petitioner/s

Versus

1.

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

The Collector, Muzaffarpur.

3.

The Superintendent of Police, Muzaffarpur.

4.

The Additinoal Collector, Public Grievance Cell, Muzaffarpur. 5.

The Deputy Collector Land Reforms, Muzaffarpur. 6.

The Sub Divisional Officer, Public Grievance Cell, Muzaffarpur (W) 7.

The Anchal Adhikari, Kudhani, Muzaffarpur.

8.

The Officer Incharge, P.S. Kudhari (Turki O.P.), Muzaffarpur. 9.

Harilal Ray Son of Late Chulhai Ray Resident of Village-Gawsara, Block and P.S. Kudhani (Turki OP) District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Nath Verma, Advocate For the State :

Mr. Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2024 The present writ petition has been filed seeking the following relief:- "1.

That this is an application for issuance of a writ in the nature of mandamus commanding the respondents in general and the respondent no.7 & 8 in particular to remove the illegal encroachment on the public land by the private respondent, his sons and others who have captured a large portion of plot no.553 of Mauza Gawsara of block Kudhani by putting up PHOOS animalshed, trough, peg, chaff-pot, etc. despite a definite final order having been passed by the competent Anchal

Patna High Court CWJC No.4155 of 2024(2) dt.16-05-2024 2/2 Adhikari, Kudhani in Case No.9 of 2018-19 as also specific orders (Annexure-P/1 Series) by the S.D.O., Public Grievance Redressal Unit, (R6) in Case No.514218008091800960/2018 and by the Additional Collector, Public Grievance Redressal Unit (R4) in No.41411-02283 and further to ensure no repeated encroachment is made over the area afterwards; to take stern action against the erring state and private respondents and for all other orders or directions deemed expedient in the staring facts of the matter explicit here." 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Collector, Muzaffapur to ensure that the final order passed by the Circle Officer, Kudhani, Muzaffarpur, in connection with Encroachment Case No.09 of 2018-19 is implemented/executed. Liberty so sought is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U