Pasupati Nath Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10398 of 2014 ====================================================== Pasupati Nath Pandey son of Late Nagina Pandey, Resident of VillageSikuara, P.O.- Simariya, P.S.- Nautan, District- Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar Department of Rural Development, Govt. of Bihar, Patna 2.

The District Magistrate, Siwan 3.

The Dy. Development Commissioner District- Siwan 4.

The Circle Officer, Nautan, District- Siwan 5.

The Mukhiya, Gram Panchayat Raj Simariya, P.S.- Nautan, District- Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Respondent/s :

Mr. Ramadhar Singh-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2024 The present writ has been filed seeking the following reliefs:- "1. To issue writ in the nature of MANDAMUS to direct the respondents to get the link road starts from main road of Village Sikuara to the Harizan Tola of Village Sikuara, P.O. + PanchayatSimaria, P.S. Nautan, District- Siwan free from the encroachment by removing the encroacher from the plot no. 41 and 708 over which there is cared out road as per land record up to Harizan Tola. (ii). To hold and declare that the report of Karamchari and Amin is true and correct and accordingly the provision of road is clear in the Govt. land record and some villagers have encroached the land of plot no. 41 and 708 due to

Patna High Court CWJC No.10398 of 2014(5) dt.08-05-2024 2/2 their self interest to prevent the construction of link road leading to Harizan Tola.

(iii). To hold and declare that none can encroach the provision of common road as recorded in the land record to stop the communication and transportation of the common people of the villages.

(iv). To direct the respondents to take all out efforts to removed the encroachment from the land vide plot no. 41 and 708 of the said village / panchayat to felicitate the construction of link / approaching road by the government fund."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 4, i.e. the Circle Officer, Nautan, DistrictSiwan, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U