Uday Prasad Singh @ Uday Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4546 of 2024 ====================================================== Uday Prasad Singh @ Uday Narayan Singh son of late Ram Govind Singh, Resident of village-Nawanagar, P.S.-Udwant Nagar, Gajrajganj (OP), DistrictBhojpur (Ara). ... ... Petitioner/s

Versus

1.

The State Of Bihar Through the District Magistrate, Bhojpur. 2.

The District Magistrate, Bhojpur, Ara.

3.

The Circle Officer, Udawant Nagar, Bhojpur, Ara. 4.

The Officer-Incharge, Udwantnagar, (Gajrajganj OP), Police Station and District- Bhojpur, Ara.

5.

Rajendra Singh, S/o Late Balram Singh, R/o Village-Nauwanagar, Police Station Udwantnagar (Gajrajganj OP), District- Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Singh, Advocate For the Respondent/s :

Mr. Birju Anand, Government Pleader (13) Ms. Shweta Anand, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2024 Heard the parties.

2. The present petition has been preferred for issuance of an appropriate writ preferably in the nature of Mandamus commanding upon Respondent authorities more particularly the Circle Officer, Udwantnagar, Bhojpur, Ara to pass an appropriate order on the petition dated 05.02.2024 filed by the petitioner in Encroachment Case No.01/2024 under section 13 of the Bihar Public land. Encroachment Act, 1956.

3. Learned counsel for the petitioner submits that he has already preferred Title Suit No. 09 of 2024 pending before

Patna High Court CWJC No.4546 of 2024(2) dt.27-06-2024 2/2 the learned Munsif-III, Bhojpur, Ara but in the meantime, notice has been issued vide Encroachment Case No. 01/2023-24 on 25.04.2023 which has been repeated on 06.04.2024.

4. Learned State Counsel submits that it clearly shows that simply notices have been issued which has to be answered by the petitioner. Alternatively, a Title Suit is pending before a competent Civil Court and he can get an appropriate order in that case.

5. In that background, learned counsel for the petitioner submits that he will be taking appropriate steps for approaching the appropriate authority/competent Civil Court for the redressal of his grievance.

6. The writ petition stands disposed of.

(Rajiv Roy, J) kiran/- U