Ajeet Kumar Singh And ORS v. The State Of Bihar And ORS

Patna High Court CWJC No.13972 of 2013 (2) dt.15-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13972 of 2013 ====================================================== 1.Ajeet Kumar Singh son of late Ragho Saran Singh

2. Arvind Kumar Singh son of late Dinesh Kumar Singh

3. Manoj Kumar Singh son of late Ragho Saran Singh

4. Rajeev Kumar Singh son of Sri Nawal Kishore Singh All R/o village Aura, P.S. Tariyani, Dist-Sheohar .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Govt. of Bihar

3. The Collector Cum District Magistrate, Sheohar

4. The S.P. Sheohar

5. The Anchal Adhikari, Tariyani, Dist. Sheohar

6. The Executive Engineer, Power Grid Station, Tariyani, Dist . Sheohar

7. The Officer in charge, Tariyani Police station Dist. Sheohar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Mayanand Jha For the Respondent/s : Mr. S.Raza Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-03-2016 Although diverse prayers have been made in the writ application but in course of submission Dr. Mayanand Jha, the counsel for the petitioners states that the petitioners are now aggrieved by the encroachment made by the respondents over plot nos. 426/429 for the use of the police station which has now been constructed on the land donated by some of the petitioners along with the father. Relevant statement in this regard has been made in para 12.

Learned AAG-9, on the contrary, refers to the

Patna High Court CWJC No.13972 of 2013 (2) dt.15-03-2016 statements made in para 9 of the counter affidavit wherefrom it appears that the claim of encroachment made by the respondent over the land which was made over to the Government by way of gift has been seriously disputed . It is stated that the police station is situated on the donated land. In other words, encroachment over the land of the petitioner is denied.

Having appreciated the statements made in the counter affidavit, Dr. Jha submits that the petitioners be granted liberty to approach the respondent Collector -cum-District Magistrate for ventilation of their grievance with respect to the encroachment over their land in these plots. The writ application stands disposed of permitting the petitioners to ventilate their grievance with respect to the encroachment, if any, over the land of the petitioners in plot no(s). 426/429 before the respondent Collector -cum-District Magistrate Sheohar. If any such application is filed, I am sure, the respondent Collector- cum-District Magistrate will examine the same and take appropriate remedial measure(s) as deemed fit and proper in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U