Shyam Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9868 of 2023 ====================================================== Shyam Prakash Mahto S/o- Late Vindeshwar Mahto, R/o ward no. 22, Shahbegpur, P.O-Chintaman chak, P.S- Mokama, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Chief Secretary, Government of Bihar Patna. 2.

The Chief Secretary, Government of Bihar Patna. 3.

The Director General of Police, Government of Bihar Patna. 4.

The Principal Secretary, Revenue and Land reforms, Government of Bihar, Patna.

5.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

6.

The Divisional commissioner, Patna.

7.

The District Collector, Patna.

8.

The superintendent of Police, Patna.

9.

The Sub-Divisional-officer, Badh, Patna.

10.

The Circle Officer, Mokama, District -Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Ranjan, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-04-2024 The petitioner has moved this Court for following reliefs:

(i) for and commanding the respondent authorities to take appropriate steps to protect the

2/4 constitutional rights of the petitioners and to safe guard the life and property of the petitioner, as due to action/inaction on the part of the respondent authorities, the encroachment of the part of Private land of the petitioner is being made by forcefully constructing platform from MLA fund, situated at MauzaShahbegpur, thana no. 27, khesra no. 234, Khata no. 153, total area of 256 square feet and further the respondents to take appropriate steps to remove the encroachment from the land of the petitioner, due to illegal act/inaction of the authorities the encroachment over the land of the petitioner is been made

3/4 and the petitioner is compelled to approach this Hon'ble court by way of filing instant writ application;

(ii) for and commanding the respondent authorities to demolish the platform and structure being erected by the respondents and to restore the possession of the petitioner on the said piece of land;

(iii) for any other appropriate relief/reliefs to which the petitioners are found entitled in the facts and circumstances of this case.

2. Learned counsel for the petitioner submits that it would suffice, if his fresh petition preferred before the respondent-Collector, Patna is taken into consideration.

3. Learned State counsel has no objection.

4. In view of the limited prayer made by the learned

4/4 counsel for the petitioner, let the petitioner prefer a proper petition/representation before the Collector, Patna who shall decide the same expeditiously.

5. The writ petition stands disposed of (Rajiv Roy, J) Ravi/- U