Jitendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8371 of 2015 ====================================================== Jitendra Kumar, S/o Late Raj Ballabh Singh, Resident of Village Vishunpur, Police Station Telhara, District Nalanda.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. District Magistrate-cum-Collector, Nalanda.

3. Sub Divisional Magistrate, Hilsa, Nalanda.

4. Block Development Officer, Ekangarsarai, Nalanda.

5. Circle Officer, Ekangarsarai, Nalanda.

6. Superintendent of Police, Nalanda.

7. Sub Divisional Police Officer, Ekangarsarai, Nalanda.

8. Deputy Superintendent of police, Hilsa.

9. Officer-in-Charge, Nalanda.

10. Rajendra Singh

11. Bindeshwari Singh

12. Awadhesh Singh

13. Maheshwari Singh All sons of late Ramashish Singh, Resident of Village-Vishunpur, P.S-Telhara, District- Nalanda.

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

For the Petitioner/s :

Mr. Raj Shekhar, Adv For the Respondent/s :

Mr. Apurva Kumar, AC to GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-11-2017 Heard learned Counsel appearing on behalf of the petitioner and learned AC to GA-4.

The present Writ application has been filed for a direction to the respondent authorities to get the encroachment removed from the private path/road appertaining to Plot No.96/98, Khata

Patna High Court CWJC No.8371 of 2015(3) dt.13-11-2017 2/3 No. 24, situated in Village- Vishunpur, P.S.-Telhara, DistrictNalanda. A counter affidavit has been filed on behalf of respondent nos. 1 to 9 stipulating therein that the land in question is the raiyati land of the petitioner. The Revenue Karmchari, vide report dated 11.05.2017, as contained in Annexure- C to the counter affidavit, recommended for getting the land measured. Consequently, the land was measured, and no such path/gali was found existing on the land in question. The measurement report has been brought on record as Annexure - D to the counter affidavit.

It is submitted by learned Counsel appearing on behalf of the petitioner that the measurement report does not contain the signature of the petitioner's side, nor the exact date of measurement has been mentioned.

Considering the fact that prima facie in view of the counter affidavit there is no encroachment on the public land, this Court is not inclined to interfere.

However, if the petitioner is aggrieved by the report of the Revenue Karmachari or the finding recorded in the measurement proceeding, he is at liberty to challenge the same before the appropriate authority under law.

Patna High Court CWJC No.8371 of 2015(3) dt.13-11-2017 3/3 The Writ application is, accordingly, disposed of with the aforementioned observation.

(Dinesh Kumar Singh, J) Ashwini/- U