Ajay Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8156 of 2024 ====================================================== Ajay Kumar Prasad son of Ramdev Prasad, R/o Village-Banbhora, P.S.- Bithan, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Collector, Samastipur.

3.

The Superintendent of Police, Samastipur.

4.

The Sub-Division Officer, Rosra, Samastipur.

5.

The Circle Officer, Anchal Bithan, District Samastipur. 6.

The S.H.O. P.S. Bithan, District Samastipur.

7.

The Halka Karamchari, Gram Panchayat Belsandi, Block Bithan, District Samastipur.

8.

Lakhan Paswan, son of Sokhi Paswan, R/o Banbhora, P.S.-Bithan, District Samastipur.

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

For the Petitioner/s :

Mr.Dr. Abdus Shakoor, Advocate For the Respondent/s :

Standing Counsel (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) That this is an application for issuance of appropriate writ in the nature of mandamus of writ(s) direction and commanding upon the respondent authorities to remove the partial encroachments made by the private encroachers over the land of the public (from house of Vishnudev Paswan to main road on the basis of C.S. Khatiyan in

Patna High Court CWJC No.8156 of 2024(2) dt.18-07-2024 2/3 the name of Gair Majrua in nature Purani Parti bearing forming Khesra Old No. 353 forming R.S. khata new no. 403, R.S. Khesra New No.

566 an area 8 decimal, thana no. 268, Mauza -Banbhora in pursuance of Annexure-5 letter dated 10.01.2020 issued by respondent no. 5 Circle Officer, Bithan sent to respondent no. 4 Sub-Divisional Officer, Rosera, as well as submitted measurement report dated 07.02.2020 by Anchal Amin under Anchal Bithan, District Samastipur.

ii. For commanding upon the respondent authority for demarcation of the public land fully described in para no.1 of the writ petition after taking help from respondent no. 6 SHO Police Station Bithan Samastipur.

iii. For issuance of appropriate writ in the nature of mandamus of writ(s) direction and commanding upon the respondent authorities to delete the name of Respondent no. 8 Lakhan Paswan Son of Sukhi Paswan as entered in R.S. Khatiyan bearing Khata No.

403, R.S. Khesra No. 566 an area 8 decimal instead of Gairmajarua Bihar Sarkar whereunder recorded to record in right of C.S. Khatiyan Gairmajarua Bihar Sarkar."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the

Patna High Court CWJC No.8156 of 2024(2) dt.18-07-2024 3/3 present writ petition, however, seeks liberty on behalf of the petitioner to approach the Circle Officer, Anchal Bithan, District-Samastipur for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U