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Patna High CourtCWJC/10232/2023disposed

Bhuwaneshwar Prasad v. The State Of Bihar

2023-11-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10232 of 2023 ====================================================== Bhuwaneshwar Prasad Son of Late Kishundhari Singh @ K.D. Singh, Resident of Village- Manjhar, Tola Raghuni Bigha, P.S.- Pai Bigha O.P. (Men Police Station), Anchal- Belaganj, District- Gaya, presently residing at Mohalla- Mittranagar, Dhussa, P.O- Pipalgaon, P.S.- Dhumanganj, DistrictAllahabda (Prayagraj), (U.P). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director, Revenue and Land Reform Department, Government of Bihar, Patna.

2.

The District Magistrate, Gaya, District- Gaya. 3.

The Sub Divisional Officer, Sadar- Gaya, District- Gaya. 4.

The Sub-Divisional Public Grievances Redressal Office, Sadar Gaya, District- Gaya.

5.

The Circle Officer, Belaganj, District- Gaya. 6.

The Officer-in-charge Pai Bigha O.P. (Men Police Station), District- Gaya. 7.

Suresh Yadav Son of Late Satyadeo Yadav, Resident of Village- Manjhar, Tola Raghuni Bigha, P.S.- Pai Bigha O.P. (Men Police Station), AnchalBelaganj, District- Gaya, 8.

Shivjay Yadav Son of Late Mithilesh Yadav, Resident of Village- Manjhar, Tola Raghuni Bigha, P.S.- Pai Bigha O.P. (Men Police Station), AnchalBelaganj, District- Gaya, 9.

Sahjanand Yadav Son of Late Satyadeo Yadav, Resident of Village- Manjhar, Tola Raghuni Bigha, P.S.- Pai Bigha O.P. (Men Police Station), AnchalBelaganj, District- Gaya, 10.

Upendra Mistri Son of Late Sita Ram Mistri, Resident of Village- Manjhar, Tola Raghuni Bigha, P.S.- Pai Bigha O.P. (Men Police Station), AnchalBelaganj, District- Gaya, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( SC-25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-11-2023 The present writ petition has been filed seeking the following relief:- "1.I. For issuance of an appropriate

Patna High Court CWJC No.10232 of 2023(3) dt.06-11-2023 2/3 writ/writs/order/orders/ direction/ directions including a writ preferably in the nature of Mandamus commanding and directing upon the respondent Circle Officer, Belaganj as well as Officer-in-Charge Pai Bigha O.P.

(Respondent No. 5 and 6) to remove the encroachment from the roadside government land bearing Plot No. 2422, upon which private Respondent No. 7 to 10 have illegally occupy and constructed their house due to which Rasta of petitioner's ancestral house which is situated on the Khata No. 22, Plot No. 2425 (Roadside) and adjunct plot bearing No. 2422 has obstructed."

2.

At the outset, the learned counsel for the respondent-State has submitted that the encroachment in question has already stood removed and in case the petitioner is having any subsisting grievances, he can approach the District Magistrate, Gaya for redressal of the same.

3.

Accordingly, the present writ petition

Patna High Court CWJC No.10232 of 2023(3) dt.06-11-2023 3/3 stands disposed off as not pressed, however, with liberty to the petitioner to approach the District Magistrate, Gaya in case of any subsisting grievances.

(Mohit Kumar Shah, J) S.Sb/- U