Jaylal Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4192 of 2019 ====================================================== Jaylal Kumar, aged about 32 Years, (Male), S/o Rajendra Prasad Yadav, resident of village-- Meyar, P.s.- Noorsarai, Distt.- Nalanda. ... ... Petitioner

Versus

1.

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

2.

The Collector-cum-District Magistrate Nalanda, Biharsharif. 3.

The Additional Collector Nalanda, Biharsharif. 4.

The Sub Divisional Officer Nalanda, Biharsharif. 5.

The Circle Officer Noorsarai, Nalanda.

... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Rajeev Kumar, Advocate.

For the Respondents :

Mr.Rishi Raj Sinha, S.C. 19 and Mr. Akhilesh Kumar Sinha, A.C. to S.C. 19.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

The following relief has been sought for on behalf of the petitioner in the present writ application. "1. For giving order/s, direction/s commanding the respondents authorities to remove illegal encroachment from the land and illegal construction made by unauthorized person who have constructed the 'Lord Shiv Temple' and captured the land of the Sarva Sadharan Anabad Bihar Sarkar which is a Pain and used for irrigation by the public at large of the locality since long appertaining to Khata No. 233, Khesara No. 2237 and Area 6.50 Acre."

It is submitted by learned counsel for the petitioner that the petitioner had filed an application/complaint vide Complaint No. 527110228071800546 dated 28.07.2018 before

Patna High Court CWJC No.4192 of 2019(2) dt.11-03-2019 2/2 the respondent no. 4 i.e., The Sub Divisional Officer, Nalanda, Biharsharif. The respondent no. 4 i.e., The Sub Divisional Officer, Nalanda, Biharsharif, had passed an order on 10.12.2018 vide Annexure-4 to the present writ application. The matter was compromised between the parties but it is claimed on behalf of the petitioner that inspite of the order dated 10.12.2018, passed by the respondent no. 4 i.e. The Sub Divisional Officer, Nalanda, Biharsharif, vide Annexure-4 to the present writ application, some illegal constructions are being made.

Considering the aforesaid facts and circumstances, the petitioner is directed to file a fresh application before the respondent no. 4 i.e., The Sub Divisional Officer, Nalanda, Biharsharif. The respondent no. 4 i.e., The Sub Divisional Officer, Nalanda, Biharsharif, shall consider the application of the petitioner, and pass an appropriate order/direction, if necessary.

With the aforesaid observations and directions, the present writ application stands disposed of.

U.K./- (Sudhir Singh, J) U