Gulabchandra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4893 of 2023 ====================================================== 1.

Gulabchandra Mishra Son of Late Chunchun Mishra, Resident at VillageMahtorgoth, P.O.-Mahadeomath, P.S.-Anndharamath, District-Madhubani, Bihar.

2.

Manoj Kumar Mishra, Son of Late Gangadhar Mishra, Resident at VillageMahtorgoth, P.O.-Mahadeomath, P.S.-Anndharamath, District-Madhubani, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna, Bihar. 2.

The District Magistrate, District-Madhubani, Bihar. 3.

The Sub Divisional Officer, District-Madhubani, Bihar. 4.

The Block Development Officer, Block-Laukahi, District-Madhubani, Bihar. 5.

The Circle Officer, Circle-Laukahi, Block-Laukahi, District-Madhubani. 6.

The Mukhiya, Gram Panchayat Raj Mahadevmath, P.O.-Mahadevmath, P.S.- Andhramath, District-Madhubani, Bihar.

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

For the Petitioner/s :

Mr.Mritunjay Kumar Singh, Adv.

For the Respondent/s :

Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 The present writ petition has been filed seeking the following relief:- "1. For issuance of appropriate writ in nature of Mandamus commanding the respondent authorities to remove the encroachment from private land whereby and whereunder constructed public Kachhi road (dirt track) (north to south 396 feet's and east to west 267 feet) by the respondent no. 6 without Map or DPR as well as also without

Patna High Court CWJC No.4893 of 2023(2) dt.19-04-2023 2/2 consent/consideration of land title holder (the Petitioners) aforementioned land situated at Mouza- Mahtorgoth, District-Madhubani, bearing Khata no.321, Kheshra no. 1191, 1192, thana no. 66, and Rkawa-2 acres 98 dismal."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Madhubani, for redressal of their aforesaid grievances.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners to approach the District Magistrate, Madhubani and in case, appropriate representation is filed within a period of four weeks from today, the District Magistrate, Madhubani, shall enquire into the matter and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U