Bhagwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.227 of 2024 In Civil Writ Jurisdiction Case No.12519 of 2023 ====================================================== Bhagwan Singh Son of Late Kailash Singh Resident of Village- Morath, P.S.- Udwantnagar, District- Bhojpur at Ara.

... ... Appellant/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The District Magistrate-cum-Collector, Bhojpur, Ara. 3.

The Additional Collector, Bhojpur, Ara.

4.

The Sub-Divisional Officer, Bhojpur, Ara.

5.

The Circle Officer, Udwantnagar, Bhojpur, Ara. 6.

Hareshwar Singh S/o Late Ram Belash Singh Resident of Village- Morath, P.S.- Udwant Nagar, District- Bhojpur, Ara.

7.

Rajeshwar Singh S/o Late Ram Belash Singh Resident of Village- Morath, P.S.- Udwant Nagar, District- Bhojpur, Ara.

8.

Munna Singh S/o Tej Narayan Singh Resident of Village- Morath, P.S.- Udwant Nagar, District- Bhojpur, Ara.

9.

Tej Narayan Singh S/o Late Kameshwar Singh Resident of Village- Morath, P.S.- Udwant Nagar, District- Bhojpur, Ara.

Patna High Court L.P.A No.227 of 2024 dt.17-05-2024 2/3 10.

Mukesh Kumar Singh S/o Hareshwar Singh Resident of Village- Morath, P.S.- Udwant Nagar, District- Bhojpur, Ara.

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

For the Appellant/s :

Mr.Neeraj Kumar For the Respondent/s :

Mr.Additional Advocate General 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 17-05-2024 The appeal was taken up on the mentioning since the appellant apprehended demolition of his house.

2. Today, when the matter came up before this Court the appellant contends that he is a whistle blower and since he had filed some complaints before the Sub Divisional Officer vindictive measures were taken against him for demolition of his house. In fact the proceedings were taken with respect to a different plot and half of the appellant's house has been demolished.

3. We have seen the order passed by the learned Single Judge which only notice that the measurement taken was not in the presence of the appellant. The appellant was directed to be noticed and further measurements to be taken in the presence of

Patna High Court L.P.A No.227 of 2024 dt.17-05-2024 3/3 the appellant who was also permitted to have the benefit of an advocate who knows the principles of survey. It was also directed that if any encroachment is found then the respondent authority should pass a reasoned order and proceed in accordance with law. We find absolutely no reason to interfere with judgment passed.

4. The LPA stands dismissed.

(K. Vinod Chandran, CJ) ( Harish Kumar, J) ranjan/- AFR/NAFR CAV DATE Uploading Date 17.05.2024 Transmission Date