Ram Naresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4931 of 2024 ====================================================== Ram Naresh Sharma Son of Late Krishnandan Sharma Resident of VillageShahpur, P.S.- Sheohar, District- Sheohar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Patna.

2.

The Collector-cum- District Magistrate, Sheohar. 3.

The Deputy Collector Land Reforms, Sheohar.

4.

The Circle Officer, Sheohar, District- Sheohar. 5.

The Chief Engineer, Water Resources Department, Patna. 6.

The Executive Engineer, Bagmati Division, Water Resources Department, Sheohar.

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

For the Petitioner/s :

Mr.Rajesh Mohan, Advocate For the Respondent/s :

Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2024 Heard Mr. Rajesh Mohan, learned counsel for the petitioner and the learned counsel for the State.

2. The petitioner has prayed for the following reliefs: (i) for issuance of a writ/ writs in the nature of a writ of mandamus directing the respondents to restrain themselves to encroach the land of the petitioner which is situated nearby and/or eastern bank of Bagmati river in the Mauza Sheohar, District Sheohar in which the respondent no. 5, Executive Engineer, Bagmati Division,

Patna High Court CWJC No.4931 of 2024(2) dt.15-04-2024 2/3 Sheohar for the purposes of irrigation started dredging and/or excavating the Bagmati river by which the land of the petitioner taken by the respondents unauthorizedly and without initiating any acquisition proceeding for the public purposes and/or without compensating the petitioner against the use of the petitioner's land and further to restore the possession of the petitioner over the land situated in Khata No.167, 168, 151/512, 281 and Khesra No.369, 227/1354, and 587, admeasuring 30 decimal, 15 decimals, 38 decimals and 35 decimals respectively in the name of father and mother of the petitioner and for further consequential relief/reliefs or direction/directions for which in the fact and

Patna High Court CWJC No.4931 of 2024(2) dt.15-04-2024 3/3 circumstances of the case the petitioner may entitle too.

3. Learned counsel for the petitioner submits that he will be pleased, if his representation preferred before the District Magistrate, Sheohar, Annexure-P/7 dated 25.1.2024 is disposed of.

4. In view of the limited prayer made by the petitioner, the writ petition is disposed of granting liberty to the petitioner to approach the Collector, Sheohar (respondent no.2) with all the relevant documents within a period of four weeks from today.

5. If such representation/application alongwith the relevant documents is/are preferred, the respondent no.2, the Collector, Sheohar shall dispose it of within a period of four months from the date of filing of such representation/application.

6. The Collector, Sheohar shall also see to it whether the petitioner needs any interim protection or not.

7. The writ petition stands disposed of with the aforesaid liberty.

(Rajiv Roy, J) Ravi/- U