Gireshwar Prasad Sahay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16295 of 2013 ====================================================== Gireshwar Prasad Sahay Son Of Late Jugeshwar Sahay Resident Of MohallaBabu Tola, Ward No. 7/14. P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Divisional Commissioner, Bhagalpur 3.

The Deputy Collector Land Reforms, Banka 4.

Circle Officer, Banka 5.

Smt. Madhu Mishra Wife Of Shri Muneshwar Prasad Mishra Resident Of Village- Samukhia Halwas, Babu Tola, P.S.- Banka, District- Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Tiwary, Advocate For the Respondent-State:

Mr. Jitendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2023 The present writ petition has been filed seeking the following reliefs:- "For issuance of an appropriate direction particularly to Respondent nos3&4 to proceed strictly in accordance with Law to implement and execute the order dated 23.02.2012, passed by the Respondent no-3 in Bihar Land Dispute Resolution Case no. 122/2011-12 as well the order of the learned Respondent no-2 dated 05.11.2012, passed by an appellate authority in appeal no. 7/2012-13 inasmuch as the order dated

Patna High Court CWJC No.16295 of 2013(4) dt.20-02-2023 2/3 04.12.2012, passed by the Bihar Land Tribunal in BLT Case no. 4/2012 whereby and whereunder a deadline was fixed to enable the Respondent no-5 hereof to produce a corrected sale-deed by 15.01.2013 which has been expired and as such the earlier orders passed by the Respondent nos2 and 3 got revived and as such their directions are required to be followed in its true letter and spirit.

II. To further direct the Respondent nos-3&4 to proceed in accordance with the report of the Anchal Adhikari/Circle Officer dated 14.12.2011 whereby and whereunder it was reported after due measurement of the lands purchased by the Respondent no-5 as well the writ petitioner hereof in presence of the parties categorically holding that the parapet constructed by the Respondent no-5 had unauthorisely encroached over the land belonging to the petitioner and such the same was required to be demolished as per findings of the competent authorities. "

At the outset, the learned counsel for the petitioner seeks not to press the present petition, however, seeks liberty to agitate his subsisting grievances by taking recourse to such remedies as are otherwise available under the law.

Patna High Court CWJC No.16295 of 2013(4) dt.20-02-2023 3/3 Liberty so sought is granted.

The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) kanchan/- U