Tanoj Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11918 of 2016 ====================================================== Tanoj Singh S/o Arun Singh R/o village - Tihiya Ravidas Tola ( Anganwari Kendra Sankhya 167 ), P.S. Khaira, District - Jamui .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Social Welfare Department, Govt. of Bihar, Patna

2. The Director, I.C.D.S., Social Welfare Department, Govt. of Bihar, Patna

3. The District Magistrate, Jamui

4. The District Development Commissioner, Jamui

5. The Sub - Divisional Office, Jamui

6. The Child Development Project officer, Khaira Block, Jamui

7. The Block Development Project officer, Khaira Block, Jamui

8. Mukhiya, Gram Panchayat Raj Kageshwar P.S. Khaira, District - Jamui

9. The Secretary Gram Panchayat Raj Kageshwar, P/s. Khaira, District - Jamui .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Shanker Prasad, Advocate For the Respondent/s : Mr. Ashok Kumar Choudhary- AAG-13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-06-2017 Inter alia, contending that an Anganwari Centre has been constructed in private area and in spite of the representation, no action is being taken, this writ petition has been filed. There is nothing on the record to indicate that the land in question belongs to the petitioner or he is interested in the land. If a Centre has been constructed in private area, the person in whose area the Centre has been constructed should be the

Patna High Court CWJC No.11918 of 2016 (6) dt.20-06-2017 2/2 aggrieved person and it is for the said person to take action in the matter.

That apart, if there is unauthorized construction and encroachment has been inducted, the petitioner or the aggrieved person has remedy seeking removal of the same by invoking the jurisdiction of the competent statutory authority under the Bihar Public Land Encroachment Act. Accordingly, finding efficacious remedy available to the petitioner, we are not inclined to interfere in the matter.

The writ petition stands disposed of with the aforesaid liberty to the aggrieved person or the petitioner. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) S.Pandey/- U