Sadhu Sharan Das @ Shadhu Sharan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12928 of 2021 ====================================================== Sadhu Sharan Das @ Shadhu Sharan Mandal Son of Late Chatri Mandal Resident of Village- Bangali Tola, Ward No. 9, P.S.- Bariyarpur, DistrictMunger. ... ... Petitioner

Versus

1.

The State of Bihar Through District Magistrate, Munger. 2.

The Superintendent of Police Munger.

3.

The Circle Officer Bariyarpur, District- Munger. 4.

The Block Development Officer Bariyarpur, District- Munger. 5.

The Station House Officer P.S.- Bariyarpur, District- Munger. 6.

Hardeo Mandal Son of Late Chatri Mandal Resident of Village- Bangali Tola, Ward No. 9, P.O.- Kalyanpur, P.S.- Bariyarpur, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narsingh Tanti For the Respondent/s :

Mr.Md. Khurshid Alam ( Aag12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 02-05-2025 Heard the parties.

2. In the instant writ petition, petitioner has prayed for the following reliefs:- (i) For issuance of a writ/ writs, order or orders or directions to the respondents authorities to demolish the house of respondent no.6 which was illegally constructed on plot no.1665 and 1669, Khata No. 671 and 566 under Jamabandi No.2991, Mauza Karhariya, Total area 2(two) Katha, while the said plot, constructed the house belongs to the petitioner.

(ii) For issuance of an appropriate writ/writs or directions to respondent nos. 2 and 5 to lodge F.I.R. and prosecute the respondent no.6 as he has taken the government money over plot no.1666, Khata No.956,

Patna High Court CWJC No.12928 of 2021 dt.02-05-2025 2/3 Jamabandi No.2366 area 2 katha 3 dhur Mauza Karhariya, but constructed the house over plot no.1665 and 1669, Khata No.671 and 566, Jamabandi No.2991, Total area 2 katha, which does not belongs to him. (iii) For grant of any other appropriate relief or reliefs for which the petitioner may be deemed entitled.

3. Learned counsel for the petitioner submits that petitioner has filed an application on 28.08.2018 before the respondent no. 3/ Circle Officer, Bariyarpur, District-Munger regarding illegal construction of house under Pradhan Mantri Awas Yojna over Jamabandi No. 2991, Plot No. 1665 and 1669, Khata No. 671 and 566, which belongs to the petitioner, stating therein that construction should be made on Jamabandi No. 2366 which belongs to respondent no. 6. It has been submitted that respondent no. 6 is illegally collecting the raw materials over Jamabandi No. 2991 and illegally constructing the house. He further submits that petitioner has represented his grievance before the Circle Officer, Bariyarpur, Block Development Officer, Bariyarpur and the District Magistrate, Munger but no action has been taken as yet.

4. Learned counsel for the State has submitted that it is a matter of record. However, if petitioner files fresh application before the competent authority, the competent authority shall look into the matter.

Patna High Court CWJC No.12928 of 2021 dt.02-05-2025 3/3

5. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the present writ petition stands disposed of with liberty to petitioner to file fresh representation, raising all the grievances as has been raised in the present writ petition, before the competent authority within a period of four weeks from the date of receipt of this order. If petitioner raises his grievance before the competent authority by filing fresh representation within the stipulated period, the competent authority shall pass appropriate order on the representation of the petitioner in accordance with law after giving due opportunity of hearing to the parties concerned within two months from the date of filing of representation.

(Alok Kumar Pandey, J) shahzad/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 03.05.2025 Transmission Date N.A.