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Patna High CourtCWJC/5683/2024disposed

Narendra Kumar v. The State Of Bihar

2024-06-27Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5683 of 2024 ====================================================== Narendra Kumar Son of Parmeshwar Mahto Resident of Mohalla- Panchupur, Ward No. 5 (New Ward No. 8), P.S.- Rosera, District- Samastipur, Also AtBalha, P.S.- Kuseshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development and Housing Department, Patna.

2.

The District Magistrate, Samastipur.

3.

The Sub-Divisional Officer, Rosera, Samastipur. 4.

The Circle Officer, Rosera, Samastipur.

5.

The Rosera Nagar Panchayat, Rosera, Samastipur through its Executive Officer, Samastipur.

6.

The Executive Officer, Rosera Nagar Panchayat, Rosera, Samastipur. 7.

The Station House Officer, P.S.- Rosera, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Government Pleader (16) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2024 The present writ petition has been filed seeking the following relief:- "1. A) Issuance of an appropriate writ/ order / direction commanding the respondents for removal of illegal encroachment made on public road situated at Kheshra No. 2525 (old)/2144 (old), Mohalla-Panchupur, Ward No. 5, Nagar Panchayat Rosera, Samastipur near the residential house premises of the petitioner."

2.

At the outset, the learned counsel for the

Patna High Court CWJC No.5683 of 2024(2) dt.27-06-2024 2/3 petitioner seeks liberty on behalf of the petitioner to approach the Executive Officer, Rosera Nagar Panchayat, Samastipur for redressal of his aforesaid grievances in view of the fact that the authorities of the Nagar Panchayat, Rosera had made a statement before the Sub-Divisional Public Grievance Redressal Officer, as recorded in the order dated 01.07.2021 (Annexure-P/3 to the writ petition) that proceedings are being undertaken for removal of the encroachment in question.

3.

Having regard to the facts and circumstances of the case, I deem if fit and proper to grant liberty to the petitioner to approach the Executive Officer, Rosera Nagar Panchayat, Samastipur, by filing appropriate representation for redressal of his aforesaid grievances and in case such a representation is filed within a period of four weeks from today, the Executive Officer, Rosera Nagar Panchayat, Samastipur shall take appropriate action in accordance with law, after hearing the affected parties, within a period of eight weeks, thereafter.

Patna High Court CWJC No.5683 of 2024(2) dt.27-06-2024 3/3 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U