Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7420 of 2024 ====================================================== Aniket Kumar son of Keshto Prasad, resident of Gajadhar Gunj, P.S.-Buxar, District-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Urban Development Department, Bihar, Patna.

2.

The District Magistrate, Buxar.

3.

The Sub Divisional Officer, Buxar Sadar, Buxar. 4.

The Circle Officer, Sadar Buxar, District-Buxar. 5.

The Nagar Parishad, Buxar through its Executive Officer, Buxar. 6.

Sri Rajendra Prasad Choudhary, son of Late Jagpati Choudhary, residing near Ashirwad Pipe Shop, in front of Alka Cinema, Piprapati Road, At and P.S.-Buxar, District-Buxar.

7.

Sri Bharat Choudhary, son of Late Jagpati Choudhary, residing near Ashirwad Pipe Shop, in front of Alka Cinema, Piprapati Road, At and P.S.- Buxar, District-Buxar.

8.

Sri Shatrughan Kumar, son of Late Jagpati Choudhary, residing near Ashirwad Pipe Shop, in front of Alka Cinema, Piprapati Road, At and P.S.- Buxar, District-Buxar.

9.

Sri Amit Kumar, son of Late Jagpati Choudhary, residing near Ashirwad Pipe Shop, in front of Alka Cinema, Piprapati Road, At and P.S.-Buxar, District-Buxar.

10.

Punam Devi, wife of Sri Shatrughan Kumar, residing near Ashirwad Pipe Shop, in front of Alka Cinema, Piprapati Road, At and P.S.-Buxar, DistrictBuxar. 11.

Anuradha Devi, wife of Rajendra Prasad, residing near Ashirwad Pipe Shop, in front of Alka Cinema, Piprapati Road, At and P.S.-Buxar, District-Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. GP-18 For the Nagar Parishad Buxar :

Mr. Sudhanshu Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2024 The present writ petition has been filed seeking the following reliefs:-

Patna High Court CWJC No.7420 of 2024(2) dt.11-07-2024 2/3 "1. (i) For issuance of an appropriate writ order or direction directing and commanding the respondents to remove the encroachment from the land pertaining to Mouza Buxar, Thana no. 332, old Khata no. 961, New Khata no. 329, Khesra 979 and 980 Area 3402 cubic feet, Holding no. 474, 474 Ka 474 kha, 474 Ga, 474 Gha and 474 E, over which by encroaching the said land which belongs to Khasmahal, the respondents no. 5 to 11 have constructed the Pucca building etc.

(ii) For issuance of an appropriate writ directing and commanding the respondents to take actions against the Authorities / Officers and the Staffs who are involved in passing the Map for construction of G+1 house over the aforesaid land and by deviating the said Map the respondent nos. 5 to 11 have constructed G + 2 house over the said land and are also earning money by letting out the said premises constructed by them."

2.

At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the

Patna High Court CWJC No.7420 of 2024(2) dt.11-07-2024 3/3 petitioner to approach the Circle Officer, Sadar Buxar, District-Buxar for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate petition is filed by the petitioner, under the provisions of the Bihar Public Land Encroachment Act, 1956, before the Circle Officer, Sadar Buxar, District-Buxar, within a period of three weeks from today, the Circle Officer, Sadar Buxar, District-Buxar shall take appropriate action, in accordance with law, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

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