Anil Kumar Tulsiyan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2689 of 2016 ====================================================== Anil Kumar Tulsiyan Son of Late Bihari Lal Tulsiyan, Resident of Village - Narainpur Kothi, Bagha, P.S. - Bagha, District - West Champaran at Bettiah. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

3.

The District Magistrate, Bettiah, West Champaran. 4.

The S.D.O., Bagha.

5.

The Circle Officer, Bagha I.

6.

The Superintendent of Police, Bagha.

7.

The Officer - in - Charge, Bagha, District - West Champaran. 8.

Hardwal Yadav, Son of Late Jattu Yadav, 9.

Yogendra Yadav, Son of Late Laxmi Yadav, 10.

Paras Choudhary, 11.

Kanchan Choudhary, 12.

Jayshree Choudhary, All sons of Late Ramdeo Choudhary, 13.

Kisun Yadav null 14.

Jagdish Yadav Both sons of Baidyanath Yadav, 15.

Laxman Ram, Son of Late Jhag Ram, 16.

Rangi Ram Son of Birjhan Ram, 17.

Mahatam Sah Son of Halkhori Sah, 18.

Bhuwal Choudhary Son of Janak Choudhary, 19.

Radhe Sah, Son of Muneshwar Sah, 20.

Sanhu Choudhary, Son of Urga Choudhary, 21.

Amar Yadav, Son of Ramraj Yadav, 22.

Saheb Yadav, Son of Amar Yadav, 23.

Bihari Choudhary, Son of Late Janak Choudhary, 24.

Raju Sah, Son of Radhe Sah, All residents of village Gandhi Nagar, P.O. and P.S. Bagha, District - West Champaran, Bihar - 845101. 25.

Harilal yadav, Son of Ramdhari Yadav, 26.

Bandhu Yadav, Son of Sukhdeo Yadav, 27.

Hira Yadav, Son of Sukhdeo Yadav, 28.

Birja Yadav, Son of Shivpujan Yadav, 29.

Prahlad Sahani, Son of Hari Raj, 30.

Ashik Ali, Son of Late Jalik Mian, All residents of village - Phulwarya Tola, near Gandhi Nagar, P.O. and P.S. - Bagha, District - West Champaran. 31.

Shambhu Yadav, father's name not known to the petitioner R/o Mukhiya Village - Bairiya Lawkariya, Bettiah, District - West Champaran. ... ... Respondent/s

Patna High Court CWJC No.2689 of 2016(4) dt.24-10-2024 2/3 ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Dwivedi, Sr. Advocate Mr.Ranjan Kumar Dubey, Advocate Mr. Parth Gaurva, Advocate Mr. Govind Raj Shahi, Advocate For the Respondent/s :

Mr. Umesh Kumar Roy, AC to GP-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-10-2024 The present writ petition has been filed seeking the following reliefs:- "1. I. Respondent nos. 1 to 7 be commanded to remove the encroachments located over R.S. Plot No.202, made by the encroachers, i.e.

respondent nos.8 to 24, who have completely grabbed and blocked the existing municipal road by constructing their respective houses/Phush huts (Palanies) by initiating appropriate proceedings against them, expeditiously;

II. Respondent nos. 1 to 7 be further commanded to stop any illegal act of constructing a road through the lands of the petitioner, situated at Plot Nos. 150, 151 & 152 and further command the respondent nos.1 to 7 not to assist such encroachers by their silent approval;

III. Respondent nos.1 to 7 be further commanded to stop the effort of respondent nos.25 to 30 of forcibly trying to construct a road through the Plot Nos. 141 & 142, belonging to the

Patna High Court CWJC No.2689 of 2016(4) dt.24-10-2024 3/3 petitioner;

IV. Respondent nos.2 to 5 may be directed to strictly enforce the Purchas granted to the beneficiaries in the Ceiling Proceedings conducted against the father of the writ petitioner, wherein he had voluntarily surrendered 100 acres of land which have been distributed amongst the eligible landless persons;

V. Respondent no.6 may be directed to afford security and protection to the petitioner as well as his family members."

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 avail such other alternative remedies as are otherwise available under the law, for redressal of the aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

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