Ganesh Sharma @ Rajesh Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13569 of 2018 ====================================================== Ganesh Sharma @ Rajesh Sharma Son of Late Shivji Sharma, Resident of Mohalla- Cinema Chowk, Ward No. 21, Naka No. 5, Police Station- Town, District- Darbhanga. At present 34 Hot Mix Plant, 15 Square Yards, Raghubir Nagar, West Delhi- 110027.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate, Darbhanga. 2.

The S.P. of Darbhanga District.

3.

Circle Officer, Sadar, Darbhanga.

4.

Nagar Ayukta, Municipal Corporation, Darbhanga. 5.

Office-in-Charge of Town, P.S. District Darbhanga. 6.

Kashi Vishwakarma, S/o Late Narayan Mishra.

7.

Pappu Vishwakarma, S/o Kashi Vishwakarma, 8.

Sonu Vishwakarma, S/o Kashi Vishwakarma, 9.

Guddu Vishwakarma, S/o Late Bishwanath Vishwakarma, Respondent No. 6 to 9 are resident of Society Cinema Chowk, P.S.- Town Naka NO. 5, District- Darbhanga.

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

For the Petitioner/s :

Mr.Jay Prakash Singh, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha - Sc19 For DMC :

Mr.Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(a) For direction to the official Respondents for removing encroachment made over plot no. 246 (new) old Khesra No. 18687, Area 11 decimal which has been force fully encroached by the respondents no. 6 to 9, with the help of unsocial elements and the said land is situated at Mohalla-Cinema Chauk, Naka No. 5, Darbhanga ward no. - 21, P.S. Town,

Patna High Court CWJC No.13569 of 2018(3) dt.31-08-2024 2/2 District - Darbhanga.

(b) For issuance of direction to Respondent No. 4 to create separate holding in the name of petitioner, separate from the name of Narayan Mishra.

(c) For issuance of writ in the nature of mandamus directing the respondent to give proper protection to the petitioner as well as ensure safety of petitioner as well as his family members.

(d) For issuance of an appropriate writ / order / direction to the respondents to remove the encroachment from the land in question and also create separate holding name."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U