Shakti Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4496 of 2021 ====================================================== 1.
Shakti Kr. Singh Son of Ram Lakhan Singh, Resident of Village Manjhaulia P.S. Amas, District - Gaya.
2.
Sheo Nandan Singh, Son of Late Sarju Singh, Resident of Village Manjhaulia P.S. Amas, District - Gaya.
3.
Ravindra Singh, Son of Late Doman Singh, Resident of Village Manjhaulia P.S. Amas, District - Gaya.
4.
Rakesh Kumar Singh, Son of Late Vijay Singh, Resident of Village Manjhaulia P.S. Amas, District - Gaya.
5.
Uday Singh, Son of Late Sahdeo Singh, Resident of Village Manjhaulia P.S. Amas, District - Gaya.
6.
Chit Ranjan Singh, Son of Sahdeo Singh, Resident of Village Manjhaulia P.S. Amas, District - Gaya.
7.
Ramdeep Singh, Son of Late Ramdeo Singh, Resident of Village Manjhaulia P.S. Amas, District - Gaya.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary Department of Land and Revenue Govt. of Bihar, Patna.
2.
The Secretary Rural Development Govt. of Bihar, Patna. 3.
The District Magistrate, Gaya.
4.
The District Development Commissioner, Gaya.
5.
The Sub-divisional Officer, Sherghaty, Gaya.
6.
Block Development Officer Amas, Gaya.
7.
Anchal Adhikari Amas, Gaya.
8.
Arvind Mishra Son of Late Bansidhar Mishra, Mukhiya Gram Panchayat Amas, Gaya.
9.
The Panchayat Secretary Gram Panchayat Amas, Gaya. 10.
Sanjay Singh, Son of Late Babu Ram Singh, resident of Village Manjhaulia, P.S. Amas, District - Gaya.
11.
Anjay Singh, Son of Late Babu Ram Singh, resident of Village Manjhaulia, P.S. Amas, District - Gaya.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nand Kishore Prasad Sinha, Advocate For the Respondent/s :
Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
Patna High Court CWJC No.4496 of 2021(2) dt.01-09-2022 2/3 ORAL ORDER 01-09-2022 The present writ petition has been filed seeking the following reliefs:- "1. That this is an application for issuance of an appropriate writ order or direction directing the Respondents to remove the encroachment from the land of Khata No. 65 New Khata No. 95, Khesra No. 35 having an area of 36 decimals which is Aaamgairmazarua Land situated in villageManjhaulia Thana No. 524 P.S. Anchal Amas in the District of Gaya over which the Murdghati (cremation place) of Hindu and burial place of neonatal child is situated and the people of Manjhaulia including the petitioners are using the same as such since last more than hundred years but illegally the aforesaid land is being encroached by private Respondent No.
10 and 11 in collusion with the Mukhiya of Amas Gram Panchayat by constructing P.C.C. Road over the same without any authority of law which has been found by the Anchal Amin after measurement and despite several applications to the concerned authority no action is being taken by the Respondents to remove the encroachment from the said cremation and burial place in question and as such the action of Respondents is not permissible in law and thus vitiated."
At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Circle
Patna High Court CWJC No.4496 of 2021(2) dt.01-09-2022 3/3 Officer, Amas, District-Gaya for redressal of their aforesaid grievances.
Liberty so sought is granted.
The writ petition stands disposed off.
(Mohit Kumar Shah, J) S.Sb/- U