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Patna High CourtCWJC/5522/2020disposed

Satyam Kumar v. The State Of Bihar

2024-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5522 of 2020 ====================================================== Satyam Kumar Son of Late Shambhu Sharan @ Shambhu Sharan Shrivastva Grand Son of Late Jagdeo Prasad Verma, Resident of Mohalla-New Bus Stand Harivatika Road, P.S.-Bettiah, District-West Champaran at Bettiah at present G-138, Fedral Bank Sector-22, Noida Gautam Buddha Nagar Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Land Reforms and Revenue Department, Bihar, Patna.

3.

The Principal Secretary, Urban and Housing Development Department, Bihar, Patna.

4.

The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 5.

The District Magistrate, West Champaran at Bettiah, West Champaran. 6.

The Deputy Development Commissioner cum Chief Executive Officer, Zila Parishad Bettiah, West Champaran.

7.

The Zila Parishad West Champaran through its D.D.C.-cum-Chief Executive Officer, West Champaran Bettiah.

8.

The Addl. Collector, West Champaran at Bettiah. 9.

The Sub-Divisional Officer, Bettiah, West Champaran. 10.

The Circle Officer, Bettiah, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the Respondent/s :

Mr.Ajay (GA-5 ) For the Zila Parishad :

Mr.Prince Kumar Mishra, Adv.

====================================================== 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. That this writ application is being filed for issuance of an appropriate writ/writs and order/orders in the nature of Certiorari for quashing the notice dated 09.10.2019, issued under the signature of Incharge Officer, District Legal Cell, West Champaran, Bettiah, annexed as

Patna High Court CWJC No.5522 of 2020(3) dt.17-10-2024 2/2 Annexure-3 to this petition, by which the petitioner has been directed to appear with relevant documents, before the respondent no.5 and further issue writ in the nature of Mandamus, directing and commanding the respondents not to demolish any part of the structure, including the residential house and shop of the petitioner, situated at Plot No.7789 & 7775 at 30 miles of the Rajghat, Bettiah, Road No.26, Thana No.131 within the town of Bettiah, which is popularly known as Hari Vatika Chowk, which was settled by the Zila Parishad, Bettiah, and further direct the respondent no.5, i.e. the D.M., Bettiah not to disturb the physical possession of the petitioner over his respective land, without following the procedure of law and contrary to the permission and consent given by the Zila Parishad, Bettiah."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file his objections to the notice dated 09.10.2019, issued by the Ld. Court of District Magistrate, West Champaran at Bettiah, under the pen and signature of In-charge Officer, District Legal Cell, West Champaran at Bettiah. Liberty so sought is granted.

3. Accordingly, the writ petition stands disposed off. (Mohit Kumar Shah, J) sonal/- U