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Patna High CourtCWJC/10291/2021disposed

Subodh Kumar @ Subodh Kumar Singh v. The State Of Bihar

2022-11-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10291 of 2021 ====================================================== Subodh Kumar @ Subodh Kumar Singh Son of Late Bishwambhar Prasad Singh resident of village- Saidanpur, Police Station- Gaurichak, DistrictPatna, at present resident of Mohalla- East Lohanipur, Das Lane, Police Station- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms and Rural Development.

2.

The Principal Secretary, Department of Land Reforms and Rural Development , Govt. of Bihar, New Secretariat, Patna. 3.

The Commissioner, Patna Commissionary, Patna. 4.

The District Magistrate, Patna.

5.

The Addl. Director General of Police, Special Branch, Patna. 6.

The Sub Divisional Officer, Patna City, Patna. 7.

The Deputy Collector, Land Reforms, Patna City, Patna. 8.

The Circle Officer, Fatuha, Patna.

9.

The Officer in Charge, Gaurichak Police Station, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-11-2022 The present petition has been filed seeking the following relief :- "(i) For issuance of an appropriate writ, order or direction commanding the respondents, specially the respondents no. 8 and 9 to restrain the villagers from filling the Pine (Apasi) no. 1036 which is situated in the Saidanpur Mauza from Plots no. 1046 to 1076, Thana no. 70 and Chadar no. 01 by putting soil and thus constructing the road over the same which may cause many kinds

Patna High Court CWJC No.10291 of 2021(2) dt.15-11-2022 2/2 of obstacles in the irrigation work of the general people of the locality.

(ii) For further issuance of an appropriate writ by giving direction to the respondents no. 8 and 9 to remove the soil which has been kept on the Pine no. 1036 by the anti-social elements of the society as the respondents no. 8 and 9 are in league with them."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Fatua Patna for redressal of his aforesaid grievances. Liberty so sought, is granted.

It is needless to state that in case, the petitioner approaches the Circle Officer, Fatua Patna by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U