Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7851 of 2024 ====================================================== Pradeep Kumar Mantri of Kudra Matsyajivi Sahayog Samiti Ltd., Male aged about 56 years son of Dev Natha Parasad, Resident of Village- Jahanabad Kudra, P.S.- Kudra, District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

1.

The State of Bihar Through District Magistrate Bhabua. 2.

The District Magistrate Kaimur (Bhabua).

3.

The Deputy Collector, Land Reforms, Mohania- District- Kaimur at Bhabua. 4.

The Anchal Adhikari, Kudra, District- Kaimur (Bhabua). 5.

Arjun Singh Son of Late Fauzdar Singh, Resident of Village- Nasej, P.S.- Kudra-District-Kaimur, P.S.- Kudra, District-Kaimur (Bhabua). 6.

Shesha Natha Singh Son of Late Fauzdar Singh, Resident of Village- Nasej, P.S.- Kudra-District-Kaimur, P.S.- Kudra, District-Kaimur (Bhabua). 7.

Ram Awadhesh Singh Son of Late Fauzadar Singh, Resident of VillageNusej, P.S.- Kudra-District-Kaimur, P.S.- Kudra, District-Kaimur (Bhabua). 8.

Awadha Bihari Singh Son of Late Fauzdar Singh, Resident of VillageNusej, P.S.- Kudra-District-Kaimur, P.S.- Kudra, District-Kaimur (Bhabua). 9.

Vasudeo Singh Son of Late Fauzdar Singh Resident of Village- Nasej, P.S.- Kudra-District-Kaimur, P.S.- Kudra, District-Kaimur (Bhabua). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Singh, Adv.

For the Respondent/s :

Mr.Standing Counsel 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For direction to the Respondent no.4 for removal of encroachment on Khata no.809, Plot no.926, area 0.44 Dec. recorded in R.S. Khatiyan

Patna High Court CWJC No.7851 of 2024(2) dt.18-07-2024 2/3 as Anabad Sarv Sadharan and its nature is Pokhara and Tal on which Police Station, Panchayat Bhawan and Anganbari Kendra are established situated at Mauja- Jahanabad Kudra, P.S.-Kudra, District-Kaimur (Bhabua) and also direction on Mauja-Nasej, at Plot No.709, area 2.29 decimal where the land have been sold.

(ii). For issuance of writ of Mandamus directing the Respondents no.5,6,7,8 and 9 for vacating the Pokhara and Tal where the land have been settled in the name of petitioner as Mantri Fishermen Co-operative Samiti Ltd. Kudra after deposited of money.

(iii). For issuance of writ directing to the Respondent no.4 for delivering the possession in favour of the petitioner who is Mantri of Fisherman Co-operative Society Ltd. and the Tal and Pokhar is settled through the agreement.

(iv). For issuance of writ directing for enquiry through Vigilance Department in context of Letter No.140 dated 08.03.2017 issued under the signature of Sub Divisional Public Grievance Officer, Mohania, Kaimur, dated 7.3.2017 (as Annexure-P/5)"

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 Respondent 4 i.e. the Circle Officer, Kudra, District-Kaimur

Patna High Court CWJC No.7851 of 2024(2) dt.18-07-2024 3/3 (Bhabhua), for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case, appropriate petition is filed by the petitioner, under the provisions of the Bihar Public Land Encroachment Act, 1956, before the Respondent No. 4, within a period of four weeks from today, he shall take appropriate steps, in accordance with law, forthwith. 4.

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

(Mohit Kumar Shah, J) Ajay/- U