Siddharth Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9387 of 2022 ====================================================== Siddharth Patel S/o Rajeev Singh R/o Bhabhua Ward No.7, P.O.- Bhabhua, P.S.- Bhabhua, District- Kaimur (Bhabhua), Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Urban Development Department, Government of Bihar, Patna.

3.

The Principle Secretary, Irrigation Department, Government of Bihar, Patna. 4.

Executive Engineer, Canal Department, Sone High Command Canal Division, Bhabhua, District- Kaimur.

5.

District Magistrate cum Collector, Kaimur (Bhabhua). 6.

Additional District Magistrate cum Additional Collector, Kaimur (Bhabhua). 7.

Sub-Divisional Magistrate-cum-SDO, Bhabhua, District- Kaimur. 8.

Anchaladhikari, Bhabhua, Kaimur (Bhabhua).

9.

Executive Officer, Nagar Parishad, Bhabhua, Kaimur (Bhabhua). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjay Kumar, Adv.

For the Respondent/s :

Mr. Akhileshwar Singh, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2022 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of writ in the nature of mandamus or any other writ to ask the respondent authorities as to why the encroachment upon the Anabad Sarvasadharn land at village-Bilaro under ward no. 7 of Bhabhua Nagar Parishad, District-Kaimur (Bhabhua), could not be removed despite

Patna High Court CWJC No.9387 of 2022(2) dt.11-08-2022 2/3 representation filed by large number of people of the area who are affected due to the encroachment over the aam road and rasta over canal road Bhabhua town District-Kaimur.

(ii) For this the Hon'ble Court is further prayed to give direction to the State Government to remove the encroachment from pucca road built by the government for the people and agriculturist of village-Sion where police line premises also established near this encroachment.

(iii) For this the Hon'ble Court is further prayed to issue order / orders, direction/directions, writ/writs upon the respondents authorities to remove encroachment from the road of canal side after rehabilitate encroachers within time frame as per law."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bhabhua, Kaimur i.e. the Respondent No. 8.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to

Patna High Court CWJC No.9387 of 2022(2) dt.11-08-2022 3/3 approach the Respondent No. 8 by filing appropriate petition and in case, such a petition is filed, the same shall be disposed of in accordance with law, after hearing the affected parties, within a period of twelve weeks, thereafter.

(Mohit Kumar Shah, J) Ajay/- U