Surendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9691 of 2024 ====================================================== Surendra Prasad Singh Son of Late Medi Prasad Singh, Resident of Village Nawada Bazar, P.S.- Rajoun, District- Banka.

... ... Petitioner

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

The Chief Secretary, State of Bihar, Patna.

3.

The Commissioner, Bhagalpur Division, Bhagalpur. 4.

The Collector, Banka.

5.

The S.D.O. Banka.

6.

The Anchal Adhikari, Rajoun, District- Banka. 7.

Raju Sharma, Son of Dhanik Sharma resident of Village Mahgama, P.S.- Rajaun, District- Banka.

8.

Gajadhar Sharma, Son of Kaleshwar Sharma resident of Village Mahgama, P.S.- Rajaun, District- Banka.

9.

Kalicharan Sharma, Son of Gajadhar Sharma resident of Village Mahgama, P.S.- Rajaun, District- Banka.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Prasad Singh, Adv.

For the State :

Mr. Sajid Salim Khan, SC-25 Mr. Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-09-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of writ of Mandamus commanding the respondent authorities to remove the entire encroachment from the land of road bearing Khata No. 29, Plot No. 39, situated at VillageParmeshwarpur, Thana No.497,

Patna High Court CWJC No.9691 of 2024(3) dt.02-09-2024 2/3 Anchal-Rajoun, District-Banka which has been encroached by the respondents no. 7,8 and 9 by putting structures and planting trees etc.

(ii) For issuance of writ of Mandamus commanding the respondent authorities directing them to comply the order dated 17.03.2017, passed by the Lok Shikayat Nivaran Padhadhikari, Banka and order dated 22.09.2017 passed by the District Collector, Banka in Second Appeal and order dated 14.02.2020, passed by the Commissioner, Bhagalpur Division and order dated 08.12.2020, passed by the Additional Chief Secretarycum-Second Appellate Authority, Revenue and Land Reforms, Patna, Bihar by which all the authorities have directed the Anchal Adhikari, Rajoun to remove the encroachment in question.

(iii) For issuance of direction to respondent authorities to take proper legal steps restraining the encroachers not to encroach the land of road in future."

Patna High Court CWJC No.9691 of 2024(3) dt.02-09-2024 3/3 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Banka for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/SuruchiU