Sant Das Chela Pujari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22234 of 2014 ====================================================== Sant Das Chela Pujari S/o Late Ramlakhan Das Village / P.O. Loha Tola Rivilganj, P.S. Rivilganj, Distt. - Saran Chapra ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Chairman, Bihar State Religious Trust Board Vidyapati Road, Patna 3.

The D.M. Chapra Saran 4.

The Superintendent of Police, Saran Chapra 5.

The Officer Incharge Rivilganj, P.S., District-Saran (Chapra) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Mishra, Adv.

For the State :

Mr. Arvind Kumar, AC to GA-9 For the Board :

Mr. Ganpati Trivedi, Sr. Adv.

Mr. Saurabh Suman, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2024 The present writ petition has been filed seeking the following relief:- "1. That through this writ application, the petitioner seeks indulgence of this Hon'ble High Court for issuance of an appropriate writs/orders, directions, commanding and directing the respondents to protect his life and property and remove the encroachment in question, which has been made forcefully by the people of the locality over the landed property of Math, situated at road Tazpur, Rivilganj Chpara, and they have started construction of a water Tank without taking permission either from pujari Sant Das or the other authorized person, hence they

Patna High Court CWJC No.22234 of 2014(4) dt.21-08-2024 2/2 may be asked to show cause and show their legal right over the land in question and if not established then either it may be demolished or compensation of land value may be awarded/given to the petitioner."

2.

The learned counsel for the Respondent-State has submitted, by referring to paragraph no. 6 of the counter affidavit, filed on behalf of the Respondent No. 3 that the entire writ petition does not contain description of land and the alleged encroachment, being referred to by the petitioner, is vague and upon enquiry, it has been found that no land has been encroached, as alleged, hence, it is submitted that the present writ petition is devoid of any merit, thus, should be dismissed. 3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition, while granting liberty to the petitioner to avail such other remedies as are otherwise available under the law for redressal of his subsisting grievances, if any.

(Mohit Kumar Shah, J) Ajay/- U