Murli Manohar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6603 of 2022 ====================================================== Murli Manohar Kumar Son of Late Arjun Maharaj Resident of Uttari Dhamaun, P.O.- Uttari Dhamaun, P.S.- Patori, Distt- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The District Magistrate, Samastipur.

4.

The Sub Divisional Officer, Patori, Samastipur. 5.

The Sub Divisional Public Grievance Redressal Officer, Patori. 6.

The Addl. Collector cum Public Grievance Redressal Officer, Samastipur. 7.

Block Development Officer, Patori, Samastipur. 8.

Circle Officer, Patori, Samastipur.

9.

Junior Engineer, MANREGA, Patori, Samastipur. 10.

Panchayat Secretary, Block Patori, Samastipur. 11.

Officer-in-Charge, Patori Police Station, Samastipur. 12.

Mukhiya, Gram Panchayat, Dhamaun, Patori, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjai Kumar Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (GP18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-12-2022 The present writ petition has been filed seeking the following reliefs :- "(i) For commanding and directing the respondents to immediately remove the P.C.C. road forcibly constructed on the private land of petitioner.

(ii) For commanding and directing the respondents to remove the wall forthwith, forcibly raised in front of gate and window of

Patna High Court CWJC No.6603 of 2022(2) dt.01-12-2022 2/3 the petitioner to ensure his entry and exit to main road.

(iii) For commanding and directing the respondents to inquire into the matter and punish the guilty person responsible for forcible construction of P.C.C. road and raising of wall on the private land of the petitioner.

(iv) For holding that no road can be constructed on a private land without prior consent of the land owner or without paying compensation for the same.

(v) For holding that raising of wall in front of main gate and window of a house amount to utter violation of easement right of petitioner, which is not permissible in the eyes of law.

(vi) For awarding heavy cost against the respondents for subjecting the petitioner to face undue hardship/ mental agony and to compel him to run from pillar to post in search of justice."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Samastipur i.e. the respondent no. 3 for redressal of his aforesaid grievances. Liberty so sought, is granted. It is needless to state that in case, the petitioner approaches the respondent no. 3, by filing appropriate

Patna High Court CWJC No.6603 of 2022(2) dt.01-12-2022 3/3 representation within a period of four weeks from today, the same shall be disposed off by passing a reasoned and a speaking order, within a period of eight weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U