Ram Naresh Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6277 of 2019 ====================================================== Ram Naresh Singh, Son of Shri Shiv Nandan Singh, resident of VillageRanna, P.O.- Telhan, P.S.- Bhalpatti, O.P. under Sadar Police Station, DistrictDarbhanga. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Bihar, Patna.

2.

The Director, Rural Development Department, Bihar, Patna. 3.

The Collector, Darbhanga.

4.

The Block Development Officer, Block- Darbhanga, District- Darbhanga. 5.

The Circle Officer, Block- Darbhanga, District- Darbhanga. 6.

The Ward Member of Nainaghat Panchayat namely Smt. Veena Devi Wife of Suresh Yadav, Resident of Village- Ranna, P.S.- Bhalpatti, O.P., DistrictDarbhanga. 7.

The Ward Secretary of Ward No. 1 of Nainaghat Panchayat namely Bir Bhagat Yadav, Son of Ram Jatan Yadav, resident of Village- Ranna, P.S. Bhalpatti, O.P., District- Darbhanga.

8.

The Panchayat Secretary of Nainaghat Panchayat under Block and Circle Darbhanga, District- Darbhanga.

9.

The Karmchari of Nainaghat Panchayat under Block and Circle- Darbhanga, District- Darbhanga.

10.

The Commissioner, Darbhanga.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradeep Kumar Singh For the Respondent/s :

Mr.Vikash Kumar ( SC11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and the State. In the present writ application, the petitioner has prayed for following reliefs:

(i) To issue direction to the Circle Officer

2/4 (respondent No. 5) to demarcate (seemankan) of boundary of the land of Khata No. 124, Plot No. 211, area 5 Katha situated at Village-Ranna P.S. Bhalpatti O.P. District-Darbhanga.

(ii) To issue direction to the Block Development Officer (respondent No. 4) not to sanction and execute any government scheme on the land in question before the disposal of this writ application.

(iii) To issue direction to the Circle Officer (respondent No. 5) and Block Development Officer (respondent No. 4) to remove the encroachment of public land/government land of Khata No. 124, Plot No. 211(old) situated in villageRanna, P.S. Bhalpatti O.P. DistrictDarbhanga. (iv) To issue direction to Block Development Officer (respondent No. 4) to acquire the public land of Khata No.

124, Plot No. 211(old) situated at villageRanna, P.S. Bhalpatti O.P. DistrictDarbhanga and distribute among landless person of Schedule Caste and Schedule Tribe people of village-Ranna as per direction of government of Bihar.

(v) To issue direction to the Circle Officer, (respondenet No. 5) and Block

3/4 Development Officer (respondent No. 4) to remove the encroachment of Plot No.

211(old) which is a public land in which there was a pond which have filled up by one Kameshwar Singh son of late Sahdeo of Village Ranna, P.S. Bhalpatti O.P.

District-Darbhanga and take legal action against them.

After some argument, learned counsel for the petitioner confines his prayer to the relief mentioned at paragraph-1(i) of the writ application, which is as follows: 1(i)-To issue direction to the Circle Officer (respondent No. 5) to demarcate (seemankan) of boundary of the land of Khata No. 124, Plot No. 211, area 5 Katha situated at village-Ranna, P.S. Bhalpatti, O.P. District-Darbhanga. Considering the facts and circumstances of the case, the petitioner is directed to file a representation before the Collector, Darbhanga (respondent No. 3) within 30 days from today, who shall consider the representation of the petitioner in the light of the relief sought for in paragraph 1(i) of the writ application and pass necessary order/direction in respect of grievance of the petitioner. The competent authority before passing final order, shall ensure that all the concerned parties are given an adequate opportunity of hearing.

4/4 With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U