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Patna High CourtCWJC/3748/2017disposed

Amit Kumar v. The State Of Bihar And ORS

2019-02-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3748 of 2017 ====================================================== Amit Kumar son of Ramashankar Singh, Resident of Village- Panghara, P.S.- Ramgarh Chowk, District- Lakhisarai.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Home, Government of Bihar, Patna.

3. The District Magistrate, Lakhisarai.

4. The Deputy Development Commissioner, Lakhisarai.

5. The Superintendent of Police, Lakhisarai.

6. The Additional Collector-cum-Public Complaint Dissolve Officer, Lakhisarai.

7. The Sub-Divisional Officer-cum-Public Complaint Dissolve Officer, Sadar, Lakhisarai, District- Lakhisarai

8. The Block Development Officer, Lakhisarai Block, District- Lakhisarai.

9. The Circle Officer, Lakhisarai Anchal, District- Lakhisarai.

10. The Programme Officer (MANREGA), District- Lakhisarai.

11. The S.H.O. Ramgarh Chowk Police Station, District- Lakhisarai.

12. Ram Sumiran Singh, son of Rajo Singh,

13. Ganesh Singh, son of Ram Sumiran Singh,

14. Chandan Singh, son of Ram Sumiran Singh, all residents of Village- Panghara, P.O.- Sharma, P.S.- Ramgarh Chowk, District- Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhola Prasad, Adv.

Mr. M. K. Jha, Adv.

For the State :

Mr.Partha Sarthi -GA4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and the State. This writ application has been filed by the petitioner for the following reliefs:

"(I) For directing/commanding the State respondents to make free the obstruction of Aam Rasta from the clutches of Respondent Nos. 12, 13 and 14 which begins from Shiv Temple to the house of Ram Sumiran Singh (Respondent No. 12) situated at villagePanghara P.S. Ramgarh Chowk, DistrictLakhisarai. (II) For directing/commanding the

Patna High Court CWJC No.3748 of 2017(3) dt.21-02-2019 2/2 respondents not to disturb the petitioner as well as the villagers of village-Panghara P.S. Ramgarh Chowk, District- Lakhisarai to go over the said Aam Rasta which is constructed under the scheme of MANREGA.

(III) For any other relief or reliefs for which the writ petitioner is entitled under law as well as on facts".

Considering the relief sought for in the present writ application, the petitioner is directed to file representation/application before the Circle Officer, Lakhisarai Anchal, District-Lakhisarai (respondent No. 9) within a period of 30 days from today for redressal of his grievance. The respondent No. 9 shall examine the grievance/representation/application of the petitioner and pass an appropriate order in accordance with law at the earliest after giving opportunity of hearing to all the concerned parties. Before passing the final order, the process of Sections-3, 4 & 5 of the Bihar Public Land Encroachment Act, 1956 shall be complied with.

With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U