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Patna High CourtCWJC/4318/2024disposed

Noor Islam v. The State Of Bihar

2024-06-25Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4318 of 2024 ====================================================== Noor Islam Son of Late Lal Mohammad Resident of Ward No. 02, Village Kamopur P.S. Khanpur District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue Department Patna, Bihar.

2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Samastipur.

4.

The Circle Officer, Khanpur, Samastipur 5.

The SHO Khanpur, Samastipur 6.

Md. Sapam Hussain Ward No. 02, Village-Kamopur, P.S.-Khanpur, DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Choudhary, Advocate For the Respondent/s :

Mr. Birendra Prasad Singh, A.C. to S.C.-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-06-2024 Heard the parties.

2. The present petition has been preferred for the: respondents may be directed to remove the encroachment from the land of the petitioner bearing Khata no. 46 (old), Khata (new) 249, 393 Khesra No. 24, 25 (old), Keshra 326, 330(new) rkawa 5 dhoor in village Kamopur under block Khanpur district Samastipur encroached by private respondent no.06 whereby where under after the direction of respondent no. 3 as same many times intention willfully disobey the order by respondent no.4 and 5 under political pressure or for monetary gain.

Patna High Court CWJC No.4318 of 2024(2) dt.25-06-2024 2/2

3. Though prayer of the petitioner is for removal of the encroachment vis-a-vis private respondent, learned Counsel for the petitioner submits that he has already approached the competent authority, the respondent no. 3, the Sub-Divisional Officer, Samastipur and he has also taken cognizance of the matter as would reflect from the letter no. 902 dated 09.04.2023 issued by the concerned authority.

4. Learned State Counsel submits that in that case the petitioner is duty bound to appear before the said authority for redressal of the grievance as the dispute is with the private respondent.

5. In that background, the petitioner is at liberty to approach the respondent no. 3, the Sub-Divisional Officer, Samastipur.

6. The writ petition stands disposed of.

(Rajiv Roy, J) Neha/- U