Badri Narain Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1041 of 2023 In Civil Writ Jurisdiction Case No.15456 of 2022 ====================================================== Badri Narain Dubey Son of Jokhu Dubey, resident of Village-Gali No.-01, Vishwamitra Colony, Charitraban, Hanuman Niwas Vishwamitra Colony, P.S.-Buxar (T), District-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Shree Vivek Kumar Singh the Principal Secretary, Revenue and Land Reforms Department, Patna, Bihar. 2.

The Principal Secretary, Arunish Chawla Urban Development Department, Patna, Bihar.

3.

Anshula Agrawal, the District Magistrate, Buxar. 4.

Dr. Mahendar Pal, the Deputy Development Commissioner, Buxar. 5.

Manish Kumar, the Superintendent of Police, Buxar. 6.

Sudhir Kumar, the Deputy Collector Land Reforms, Buxar. 7.

Indu Bala the Block Development Officer, Rajpur. 8.

Sohan Ram, the Circle Officer, Rajpur.

9.

Yusuf Ansari, The Thana-in-Charge, Rajpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey, Adv.

For the Opposite Party/s :

Mr.Rishi Raj Sinha, SC-19 Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2025

1. The learned counsel for the opposite parties has submitted that in compliance of the order of this Court dated 16.11.2022, passed in C.W.J.C. No.15456 of 2022, the Circle Officer, Rajpur, District-Buxar, has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, on 28.06.2023, in connection with Encroachment Case No.19 of 2018-19 as also it is submitted

Patna High Court MJC No.1041 of 2023(3) dt.31-01-2025 2/2 that the encroachment in question has been removed, however, the same is refuted by the learned counsel appearing for the petitioner, who submits that the encroachment has re-surfaced, hence the petitioner be granted liberty to approach the District Magistrate, Buxar, for redressal of his subsisting grievances.

2. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the District Magistrate, Buxar, for compliance of the aforesaid order dated 28.06.2023, passed by the Circle Officer, Rajpur, District-Buxar, as also for removal of the subsisting encroachment, by taking recourse to the due process of law, forthwith.

3. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U