Santosh Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7163 of 2021 ====================================================== Nagendra Baitha S/o Sri Ganesh Baitha Resident of Mohalla/Village- Pakari, Post Office- Nachuwa, Police Station- Kuchaikote, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Collector, Gopalganj. 2.

The Collector, Gopalganj.

3.

The Circle Officer, Kuchaikote, Gopalganj.

4.

Santosh Rai S/o Late Purushottam Rai Resident of Village- Pakri, Police Station- Kuchaikote, District- Gopalganj.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 8243 of 2015 ====================================================== Santosh Rai son of Late Purusottam Rai Resident of village- Pakri Police Station- Kuchaikote District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector/District Magistrate, Gopalganj, District- Gopalganj. 3.

The Circle Officer, Anchal- Kuchaikote, District- Gopalganj. 4.

The Superintendent of Police, Gopalganj District- Gopalganj. 5.

Sujit Baitha son of Late Ganesh Baitha Resident of village- Pakri Police Station- Kuchaikote District- Gopalganj.

6.

Nagendra Baitha son of Late Ganesh Baitha Resident of village- Pakri Police Station- Kuchaikote District- Gopalganj. 7.

Pappu Kumar Rajak Son of late Ganesh Baitha Resident of Village- Pakri, Police Station- Kuchaikote, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 7163 of 2021) For the Petitioner/s :

Mr.Krishna Chandra, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) (In Civil Writ Jurisdiction Case No. 8243 of 2015) For the Petitioner/s :

NONE For the Respondent/s :

Mr.GP19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Patna High Court CWJC No.7163 of 2021(6) dt.22-09-2022 2/3 ORAL ORDER 22-09-2022 The first case has been filed for directing the respondent- authorities to reconstruct the petitioner's dwelling house, which though was constructed under Indira Awas Scheme but has been demolished illegally without issuance of any notice while the second writ petition has been filed for removal of encroachment over the land bearing Khata no. 19, Khesra no. 212 at village-Pakri, PS-Kuchaikote, DistrictGopalganj. As far as the second case is concerned, there is no representation on behalf of the petitioner, hence, it appears that the petitioner has lost interest on account of the said writ petition having become infructuous by efflux of time.

Now coming to the first writ petition, considering the facts and circumstances of the case, I deem it fit and appropriate to grant liberty to the petitioner to approach the Collector, Gopalganj for redressal of his grievances and in case, appropriate representation is filed within a period of four weeks, the Collector, Gopalganj shall make an in-depth inquiry into the matter and ascertain as to how the house of the petitioner was demolished without issuance of any notice, whereafter, he shall pass appropriate orders, in accordance with law, within a period of six weeks, thereafter.

Patna High Court CWJC No.7163 of 2021(6) dt.22-09-2022 3/3 The aforesaid two writ petitions stand disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U