Surendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6205 of 2023 ====================================================== Surendra Prasad Singh Son of Late Medi Prasad Singh, Resident of VillageNawada Bazar, P.S. Rajoun, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

The Chief Secretary, State of Bihar, Patna.

3.

The Commissioner, Bhagalpur Division, Bhagalpur. 4.

The Collector, Banka.

5.

The S.D.O., Banka.

6.

The Anchal Adhikari, Rajoun, District- Banka. 7.

Raju Sharma Son of Dhanik Sharma, Resident of Village Mahgama, P.S. Rajoun, District- Banka.

8.

Gajadhar Sharma Son of Gajadhar Sharma, Resident of Village Mahgama, P.S. Rajoun, District- Banka.

9.

Kalicharan Sharma Son of Gajadhar Sharma, Resident of Village Mahgama, P.S. Rajoun, District- Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-11-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of writ of Mandamus commanding the respondent authorities to remove the encroachment from the land of road bearing Khata no. 29, Plot no. 39, situated at Village Parmeshwarpur, Thana No. 497, Anchal Rajoun, District- Banka, which is encroached by the respondents no. 7,8 and 9.

Patna High Court CWJC No.6205 of 2023(3) dt.08-11-2023 2/3 (ii). For issuance of writ of Mandamus commanding the respondent authorities directing them to comply the order dated 17.03.2017 passed by the Lok Shikayat Nivaran Padhdhikari, Banka and order dated 16.06.2017 passed by the Lok Shikayat Nivaran Padhdhikari, Banka, and order dated 16.06.2017 passed by the Additional Collector, Banka in First Appeal, and order dated 22.09.2017, passed by the District Collector, Banka in Second Appeal and order dated 14.02.2020 passed by the Commissioner Bhagalpur Division and order dated 08.12.2020 passed by the Additional Chief Secretary-cumSecond Appellate Authority, Revenue and Land Reforms, Patna, Bihar, by which all the authorities have directed the Anchal Adhikari, Rajoun to remove the encroachment in question. (iii). For issuance of direction to respondent authorities to take proper legal steps restraining the encroachers not to encroach the land of road in the future.

(iv). For issuance of direction to the respondent no. 2 to take appropriate departmental actions against the Anchal Adhikarti Rajoun in not obeying and complying the order of the higher authorities in accordance with."

2.

At the outset, the learned counsel for the RespondentState seeks to file a show cause, which is taken on record,

Patna High Court CWJC No.6205 of 2023(3) dt.08-11-2023 3/3 wherein the District Magistrate, Banka, has stated in paragraph no. 7 that the encroachment in question has been removed in its entirity.

3.

At this juncture, the learned counsel for the petitioner submits that in case of any subsisting grievances, the petitioner be granted liberty to approach the District Magistrate, Banka. Liberty, so sought, is granted.

4.

The present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U