Gurudeo Thakur v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14967 of 2015 ====================================================== Gurudeo Thakur Son of Naukhe Lal Thakur, resident of Mohalla- Maithil Tola Korathbari, Ward No.17, Madhubani, Police Station- T.O.P. Sadar Purnia District- Purnia.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Commissioner, Purnea Division, Purnea.
3.
The District Magistrate, Purnia.
4.
The Senior Deputy Collector, Sadar Purnia, Purnia 5.
The Sub Divisional Officer, Purnia Sadar, Purnia. 6.
The Executive Officer, Purnia Municipal Corporation, Purnia. 7.
Sri Durga Kant Jha, son of Late Baidya Nath Jha, resident of MohallaMaithil Tola Korathbari, Ward No.17, Madhubani, Police Station- T.O.P. Sadar Purnia District- Purnia.
8.
Sri Rakesh Kumar, son of Late Nirmal Kumar Jha, resident of MohallaMaithil Tola Korathbari, Ward No.17, Madhubani, Police Station- T.O.P. Sadar Purnia District- Purnia.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Karna, Advocate For the Respondent/s :
Ms. Kinkar Kumar, SC-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2024 The present writ petition has been filed seeking the following reliefs:- "1. (I) Issuance of writ in the nature of Mandamus directing the Government Respondent authority to remove the encroachment from the public land (Public Road) bearing Khata No. 1166 Klicata No. 777 Mohalla-Maithil Tola, Ward No. 17, Madhubani Purnia which has been encroached by the Private Respondents No. 7 and 8 namely Sri Durga Kant Jha
Patna High Court CWJC No.14967 of 2015(3) dt.05-09-2024 2/2 and Sri Rakesh Kumar, illegally in connivance with the government officials despite there being a report dated 17.10.13 of the Senior Deputy Collector, Sadar Punia, and report dated 11.06.12, issued by the Amin of Purnia Nagar Nigam, Purnia to the effect that the private Respondents have illegally encroached the public road which is causing disturbance in movement, to the general public including the petitioner.
(II) Issuance of further direction to the Respondent authority to restrain the private Respondents from constructing any further permanent structure on the above mentioned land."
2.
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no. 6 i.e. the Executive Officer, Purnea Municipal Corporation, Purnea, for redressal of his aforesaid grievances. Liberty, so sought, is granted.
3.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) S.Sb/- U