Ramjanak Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7802 of 2024 ====================================================== Ramjanak Thakur Son of Satyanarayan Thakur, Resident of village- Nankar, Laukariya, Ward No. 4, Police Station- Yogapatti, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Land Reforms and Revenue Department, Bihar, Patna. 3.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate-Cum-Collector Bettiah, West Champaran. 5.

The Additional Collector, Bettiah, West Champaran. 6.

The Sub-Divisional Officer, Bettiah, West Champaran. 7.

The Circle Officer, Yogapatti, West Champaran. 8.

Shankar Sharma, Son of Parma Sharma, Resident of village- Nankar, Laukariya, Ward No. 4, Police Station- Yogapatti, District- West Champaran. 9.

Dukhi Sharma, Son of Gopal Sharma, Resident of village- Nankar, Laukariya, Ward No. 4, Police Station- Yogapatti, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhijeet Gautam, Adv.

For the Respondent/s :

Mr.Subodh Kumar, AC to SC-26 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-07-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate Writ/s, Order/s, Direction/s in the nature of mandamus, for removing the encroachment from public land situated under Mauja-Laukariya, Thana No. 30/1, Khata No.-04, Khesra No. 406, Total Area 21⁄2

Patna High Court CWJC No.7802 of 2024(2) dt.15-07-2024 2/3 decimal, because the said land is in nature of Aam Rasta and belongs to the Bihar Sarkar, which has been encroached by the Respondent 2nd Set.

(ii). For issuance of appropriate Writ/s, Order/s, Direction/s to the Respondent No. 7, especially to remove the encroachment encroached by Respondent 2nd Set but the Respondent No. 7 not remove and the circle office is working for the interest of Respondent 2nd Set.

(iii). For issuance of appropriate Writ/s, Order/s, Direction/s to the Respondent to remove the encroachment so that the public at large of village - Laukariya, Panchayat-Laukariya, may pass through the road free from hindrances."

2.

After some arguments, 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 District Magistrate, District-West Champaran at Bettiah, for redressal of his aforesaid grievances. Liberty, so sought, is granted. 3.

It is needless to state that in case, the petitioner produces a copy of the final order passed by the Circle Officer, Yogapatti, District-West Champaran at Bettiah, alongwith his representation, before the District Magistrate, West Champaran at Bettiah, within a period of four weeks from today, he shall

Patna High Court CWJC No.7802 of 2024(2) dt.15-07-2024 3/3 take appropriate steps forthwith, for execution of the same in case there is no other legal impediment.

4.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U