Jawahar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7660 of 2023 ====================================================== Jawahar Prasad Singh Son of Late Sarveshwar Prasad Singh Resident of Village Pothiya, P.S.- Dhoraiya, District Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Banka. 2.

The Principal Secretary, Revenue and land Reforms Department, State of Bihar, Patna.

3.

The Collector, Banka.

4.

The Sub Divisional Officer, Banka.

5.

The L.R.D.C, Banka.

6.

The Anchal Adhikari, Dhoraiya, District- Banka. 7.

Block Development Officer, Dhoraiya, District Banka. 8.

The Mukhiya, Gram Panchayat Raj, Kharounda, Block- Dhoraiya, DistrictBanka. 9.

Arvind Mahto Son of Late Pitambar Sharma Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

10.

Kapil Mahto Son of Late Pitambar Sharma Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

11.

Shyam Sundar Sharma Son of Late Sarveshwar Sah Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka. 12.

Jhaksu Sao Son of late Sarveshwar Sah Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

13.

Dilip Singh Son of Late Jagmohan Singh Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

14.

Prafulla Singh Son of Late Upendra Singh Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

15.

Babbu Singh Son of Late Sanjay Singh Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

16.

Deepak Singh Son of Late Manoj Singh Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

17.

Janardan Singh Son of Sri Krishan Singh Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

18.

Indradeo Singh Son of Sri Krishan Singh Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

19.

Rajiv Singh Son of Sri Krishan Singh Resident of Village and P.O.- Jhotha, P.S- Dhoraiya, District- Banka.

... ... Respondent/s ======================================================

2/4 Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( SC- 25 ) Mr. Arif Daula Siddique, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of writ of Mandamus commanding the respondents authority to find out the land of the State of Bihar (Gairmajarua Aam) including the land of road school Aam khash and all other and all other govt. land of village-Jotha, Thana No. 158, TolaPothia, Anchal-Dhoraiya, DistrictBanka on the basis of survey map of the year 1905.

(ii) For issuance of writ of Mandamus commanding the respondent authority to trace out the name of all the encroachers other than private respondents of the land of State of Bihar situated in village-Jotha aforesaid.

(iii) For issuance of writ of Mandamus commanding the

3/4 respondent authority particularly respondent Anchal Adhikari Dhoraiya (Respondent no. 6) to initiate the proper proceeding against the encroachers of the land of State of Bihar without any discrimination and to remove all the encroachment from the Govt. land from all encroachers including private respondents.

(iv) For issuance of writ of Mandamus commanding the respondents authorities to take appropriate measure so that no one can encroach the land of Road, school, and other Govt. land in future.

(v) For issuance of such other appropriate writ or order or direction in the facts and circumstances of the case to save the land of Govt. from the encroachers so that Govt. land may be used for the use of public of the village or of the locality for construction of building of community Hall, Hospital, Manrega

4/4 Building, Cooperative Godown etc."

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 petitioner to approach the Circle Officer, Dhoraiya, District-Banka. Liberty, so sought, is granted. 3.

The writ petition stands dismissed as not pressed.

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