Ram Chhabila Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4606 of 2024 ====================================================== Ram Chhabila Sharma son of Late Satyanarayan Sharma, Resident of Village Pipra Tola Sundarpur, P.S. Nautan, District Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Commissioner, Saran Division, Chapra.

3.

The District Magistrate-cum-Collector, Siwan. 4.

The Additional District Magistrate, Siwan.

5.

The Deputy Collector Land Reforms, Siwan.

6.

The Sub-Divisional Officer, Siwan, District Siwan. 7.

The Circle Officer, Nautan, District Siwan.

8.

The Anchal Amin, Circle Office, Nautan, District Siwan. 9.

The Halka Karmachari, Nautan, District Siwan. 10.

Hiraman Choudhary, Son of Late Alagu Choudhary Resident of Village Pipra Tola Sundarpur, P.S. Nautan, District Siwan. 11.

Munna Choudhary, Son of Late Alagu Choudhary Resident of Village Pipra Tola Sundarpur, P.S. Nautan, District Siwan.

12.

Satish Chaudhary, Son of Late Nand Deo Chaudhary Resident of Village Pipra Tola Sundarpur, P.S. Nautan, District Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad, Advocate For the Respondent/s :

Mr.Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i). To issue an appropriate writ in the nature of writ of Mandamus directing the respondents to remove the encroachment done by the private respondents No. 10 to 12 over Khata

Patna High Court CWJC No.4606 of 2024(2) dt.20-06-2024 2/3 No. 50, Survey No. 08, Area 51 Decimal which is mentioned in Khatian as Gairmazarua Malik Parti Kadim situated in the Village Pipra Tola Sundarpur, P.S. Nautan, District Siwan.

The private respondents have encroached the aforesaid land by constructing boundary wall and due to this encroachment rasta of the petitioner and public has been closed and drainage has also encroached by them;

(ii) To issue an appropriate writ in the nature of writ of mandamus for directing the respondents to initiate a Jamabandi cancellation proceeding of Jamabandi No. 297 which is running by the name of Alagu Chaudhary son of Ram Nath Chaudhary, Area 0-3-0 Kathas without any basis illegally and arbitrarily over the Gairmazarua Malik Parti Kadim land which is used by the public and the petitioner as rasta and drainage for long time;"

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for

Patna High Court CWJC No.4606 of 2024(2) dt.20-06-2024 3/3 redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U