Ranjit Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1488 of 2015 With I.A. No.1546 of 2015 ====================================================== Ranjit Kumar, son of Sri Vidyanand Singh, resident of village and P.S. Daniawan, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

3. The Collector, Patna.

4. The Deputy Development commissioner, Patna.

5. The District Fisheries Officer, Patna.

6. The Block Development Officer, Daniawan, District Patna.

7. The Circle Officer, Daniawan, District Patna.

8. The Executive Engineer, L.A.E.O. works Division-I, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. V.R.P. Singh Mr. Mrityunjay Kumar For the Respondent/s : Mr. Sanjeev Kumar Singh, AC to SC-12 For the Intervener : Mr. Hare Krishna Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-03-2015 Heard Mr. V.R.P. Singh, learned counsel appearing on behalf of the petitioner, Mr. Hare Krishna Kumar, learned counsel appearing for the intervener-contractor and Mr. Sanjeev Kumar Singh, learned Assisting Counsel to Standing Counsel No.12 for the State.

The petitioner has filed this writ petition being aggrieved by the action of certain private individuals in making civil constructions on plot no.1402 of khata no.451 in villageDaniawan in the district of Patna. According to the petitioner, the plot of land is a pokhar and its nature is sought to be altered

Patna High Court CWJC No.1488 of 2015 (4) dt.13-03-2015 by the construction work.

The petitioner relies upon certain photographs and it is taking note of the circumstances that the respondents were directed to file counter affidavit which has since been filed by the Circle Officer who by enclosing a letter of the Collector, Patna addressed to him bearing No.208 dated 21.2.2015 has informed this Court that the Collector taking note of the circumstances has put a restraint on all constructions until such time that the portion of the land in question is removed from the category of Sairat. The Collector in the letter which is placed at Annexure-A to the counter affidavit has also directed that any such constructions that may have taken place on the plot in question may be treated as encroachment and be removed. The directives of the Collector, Patna is sufficient for concluding the issue raised by the petitioner and the party aggrieved may approach the Collector for any grievance subsisting.

The writ petition and the interlocutory applications are disposed of accordingly.

(Jyoti Saran, J) SKPathak/- U