Dinesh Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2105 of 2018 ====================================================== Dinesh Prasad Singh Son of Late Govind Singh Resident of Village - Gutia, Tola - Ghutia, P.S. - Suiya Sueeya, District - Banka. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Banka.

3.

The Circle Officer Anchal Adhikari, Chanan, District - Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Respondent/s :

Mr.Subhash Chandra Yadav -Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2022 The present writ petition has been filed seeking the following reliefs:

(i) For issuance of writ in the nature of mandamus commanding and directing the respondents to restrain and not to construct any illegal construction by taking over the same as the Respondents are going to take over the lands of this petitioner for construction of Shakti Up Kendra under Deen Dayal Upadhayay Gram Jyoti Yojna.

(ii) For issuance of further writ in the nature of mandamus commanding and directing the respondents specifically the District Magistrate, Banka (respondent no.2) to look into the matter by taking immediate action so that the petitioner being a poor villager and citizen of India be not be dispossessed from the lands concerned in respect of fundamental right confirmed by the Constitution of

Patna High Court CWJC No.2105 of 2018(3) dt.18-07-2022 2/2 India.

(iii) For holding and declaration that petitioner should not be dispossessed by the respondents illegally as right, title, interest and possession is in favour of this petitioner.

At the outset, the learned counsel for the petitioner seeks and is granted liberty to approach the District Magistrate, Banka for redressal of his aforesaid grievances. It is needless to state that in case appropriate representation is filed before the District Magistrate, Banka, within a period of four weeks from today, the same shall be considered in accordance with law and a final decision shall be taken within a period of eight weeks thereafter. The writ present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U