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Patna High CourtCWJC/8375/2024disposed

Gayatri Devi v. The State Of Bihar

2024-07-18Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8375 of 2024 ====================================================== Gayatri Devi Wife of Late Shambhu Nath Singh Shamar, Resident of House No. 110/C, C.D.A. Colony, (near Shiv Mandir), L.B.S Nagar, P.O. and P.S.- Shastrinagar, District- Patna, Bihar, Pin-800023. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Patna.

3.

The Sub-Divisional Magistrate, Patna Sadar, Patna. 4.

The Circle Officer, Patna Sadar, Patna.

5.

Ram Sagar Singh, Son of Banwari Singh Resident of C.D.A. Colony, (near Shiv Mandir) North Shastrinagar, P.O. and P.S.- Shastrinagar, DistrictPatna, Bihar, Pin-800023 6.

Pintu Singh, Son of Madan Singh, Resident of C.D.A. Colony, (near Shiv Mandir) North Shastrinagar, P.O. and P.S.- Shastrinagar, District- Patna, Bihar, Pin-800023 7.

Abhay Singh, Son of name not known, Resident of C.D.A. Colony, (near Shiv Mandir) North Shastrinagar, P.O. and P.S.- Shastrinagar, DistrictPatna, Bihar, Pin-800023 8.

Subodh Singh, Son of name not known, Resident of C.D.A. Colony, (near Shiv Mandir) North Shastrinagar, P.O. and P.S.- Shastrinagar, DistrictPatna, Bihar, Pin-800023 9.

Ravati Kumar, Wife of Sri Subodh Jha, Resident of House No. 110/B, C.D.A. Colony, (near Shiv Mandir) North Shastrinagar, P.O. and P.S.- Shastrinagar, District- Patna, Bihar, Pin-800023 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushalesh Choudhary, Advocate For the Respondent/s :

Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of appropriate writ(s)/Rule(s)/Direction(s) in the nature of mandamus, commanding the concerned respondents

Patna High Court CWJC No.8375 of 2024(2) dt.18-07-2024 2/3 for removal of encroachment forcibly made by respondent 2nd set especially respondent nos.5 and 9 who have forcibly made an encroachment upon the public land and even upon the five feet wide private land of the petitioner which is situated at MauzaSheikhpura, P.S. -Shastrinagar, Pargana and Survey Thana-Phulwari, Tauzi No.5765, Khata No.337, Survey Plot No. 170(part) and due to the aforesaid forcibly acquisition of land by the respondent 2nd set the petitioner ingress and egress has adversely been affected, as the petitioner has no other alternative route for her ingress and egress from her house. (ii) For restraining the respondent 2nd set for making illegal construction upon the public road and upon the five feet wide land of the petitioner, which she has left for road, from her purchased land."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Patna Sadar, Patna, for redressal of his aforesaid grievance. Liberty so sought is granted.

3. It is needless to state that in case the petitioner approaches the Circle Officer, Patna Sadar, Patna, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders

Patna High Court CWJC No.8375 of 2024(2) dt.18-07-2024 3/3 shall be passed thereon, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U