Lal Mohammad @ Lal Mohmmad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5076 of 2020 ====================================================== Lal Mohammad @ Lal Mohmmad Ansari son of Md. Rafik @ Rafik Ansari, resident of village- Kharail Punarwas, ward no. 16, P.o. and P.s. and Block and District- Supaul, State- Bihar-852131 ... ... Petitioner/s

Versus

1.

The State of Bihar through the principal Secretary, Water Resources Department, Government of Bihar, Patna 2.

The District Magistrate, Supaul 3.

The Chief Engineer, Flood Control and Water Release, Water Resources Department, Birpur, Supaul 4.

The Circle Officer, Supaul 5.

The Rehabilitation Officer, Koshi Project, Supaul 6.

Md. Yasin Ansari son of Md. Rahmat Ansari resident of Mohalla- Kharail Punarwas, Ward no. 16, P.o. and P.s. and District- Supaul, State- Bihar - 852131 7.

Md. Hasim Ansari Son of Md. Rahmat Ansari resident of Mohalla- Kharail Punarwas, Ward no. 16, P.O. and P.S. and District- Supaul, State- Bihar - 852131 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav, Adv.

For the Respondent/s :

Mr.Vikash Kumar (SC-11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(a) Issuance of a direction, order or writ, including writ in the nature of Mandamus for directing the respondent authorities especially the Circle Officer, Supaul & Rehabilitation Officer, Koshi Project, Supaul (respondents no.4 and 5) to remove the encroachment from the layout no.676, area 2.5 decimals out of 5 decimal

Patna High Court CWJC No.5076 of 2020(3) dt.17-10-2024 2/3 land, which has been alloted in favour of the petitioner's father by the Rehabilitation Department, Government of Bihar, under rehabilitation scheme.

(b) Issuance of an appropriate writ/writs, direction/directions, commanding the respondent authorities to settle the petitioner over the encroached part of the land in question, admeasuring 2.5 decimal, by removing the canvas which has been constructed by the private respondents no.6 and 7.

(c) Issuance of an appropriate writ/writs, direction/directions, commanding the respondent authorities to comply with the letter contained in Memo No.1243 dated 24.07.2015, issued by the Director, Land Acquisition and Rehabilitation, Water Resources Department, Government of Bihar, Patna.

(d) Issuance of an appropriate writ/writs, direction/directions, commanding the respondent authorities to comply with the order contained in Memo No.50621-02068 dated 23.08.2017, passed by the Sub-Divisional Public Grievance Redressal Officer, Supaul.

2. Considering the nature of relief sought for in the present writ petition, I deem it fit and proper to grant liberty to the petitioner to avail such other alternative remedies as are otherwise available under the law, including that of approaching

Patna High Court CWJC No.5076 of 2020(3) dt.17-10-2024 3/3 the respondent-authorities, for redressal of his subsisting grievances, if any.

3. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U