Naresh Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11803 of 2014 ====================================================== Naresh Prasad son of Late Kapoor Chandra Sah resident of village - Bajitpur Godhane, P.S. Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Sitamarhi 3.

The Circle Officer, Circle Officer - Bokhara, District - Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Nath Dubey, Advocate For the Respondent/s :

Mr. Mujtabaul Haque, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2024 The present writ petition has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of appropriate writ/writs, order/orders for quashing the Notice dated 6.7.2013 issued from the office of Respondent No.3 and further direct the Respondents not to take any coercive step in the light of notice dated 6.7.2013 and further direct the Respondent No.3 to take measurement afresh in all the land and after excluding the land of the petitioner take action against all the encroachers who encroached the land and further direct the Respondent No.1 to examine the

Patna High Court CWJC No.11803 of 2014(4) dt.01-05-2024 2/2 matter afresh and direct the Respondent No.3 not to take any action only against the petitioner and further for any other relief/reliefs for which the petitioner is entitled in the facts and circumstances of the case."

2.

At the outset, the learned counsel for the respondent-State submits that the encroachment in question has stood removed, however, the learned counsel for the petitioner, in reply, submits that though the encroachment was removed and a road had been constructed thereafter, but some portion of the same has again been encroached, hence the petitioner be granted liberty to approach the Circle Officer, Bokhara, District-Samastipur, for redressal of his subsisting grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

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