Matiur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10292 of 2024 ====================================================== Matiur Rahman son of Mokarram Hussain, Residence of Mohalla- Amla Toli, Ward No. -28, P.O. and P.S. and District Buxar-802101. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Sachiwalya, Patna.

2.

The Principal Secretary, Land Reform Department, Patna Sachiwalya Patna. 3.

The Commissioner Patna.

4.

The District Collector, Buxar.

5.

The Sub-Divisional Officer, Buxar.

6.

The Executive Officer, Nagar Parishad, Buxar. 7.

The Circle Officer, Sadar Buxar.

8.

The Revenue Circle Inspector, Sadar Buxar.

9.

The Halka Karmchari, Pandeypatti Buxar.

10.

Sunil Kumar, Son of Jagar Nath Prasad, Muhalla Musafirganj, PostGajadharganj word no-14, police station - Nagar Buxar. District - Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the Respondent/s :

Mr.Government Advocate 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following relief:- "1. That, the present writ petition craves indulgence of this Hon'ble Court in representative capacity for issuance of writ in the nature of Mandamus to demolish illegal construction & remove Encroachment of Bihar Government Public land" Gair Majaruwa Malik (Parti Kadem) according to Bihar Public Land

Patna High Court CWJC No.10292 of 2024(2) dt.01-08-2024 2/3 Encroachment Act, 1956 under Jal Jeevan Hariyali scheme, which is established under revenue Thana no-324, MaujaPandey Patti, Khata no-152, plot no. 1951/3237, Area 26 Decimal, AnchalBuxar, ward no- 14, District-Buxar, public Land has not been settled by Government to any private person. Respondents have been violating to Bihar Public Land Encroachment Act, 1956 along with violation to scheme of Jal Jeevan Hariyali conducted by Bihar Government. As will be harassed to Government Scheme environment of public land is not safe by concerned District authority.

Social worker has submitted representation on 31.01.2024 before District Officer, Buxar, Sub-Divisional Officer, Buxar according to direction/order on 01.12.2023 passed by Hon'ble the Chief Justice & Mr. Justice Rajiv Roy in CWJC No. 16775 of 2023 alongwith submit before the Commissioner, Patna earlier objection on 18.07.2023 before the District Officer, Buxar, Hon'ble Chief Minister, Government of Bihar on 18/9/2023 by Registered post, along with other concerned Department by Registered post, but Respondents have no positive action against encroachers for illegal construction as Respondents had not considered objection of social worker

Patna High Court CWJC No.10292 of 2024(2) dt.01-08-2024 3/3 as yet."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sadar, Buxar, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off.

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