Prakash Narayan Pandey, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10909 of 2025 ====================================================== Prakash Narayan Pandey, Son of Dayanand Pandey, Resident of Village and Post - Gangauli, P.S- Simri, District- Buxar, Bihar. ... ... Petitioner/s
Versus
1.
The State of Bihar through The Additional Chief Secretary, Department of Revenue and Land Reform Department, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Rural Development Department and Panchayati Raj, Government of Bihar, Patna.
3.
The Principal Secretary, Water Resource Department, Government of Bihar, Patna.
4.
The Engineer-in-Chief, Flood Control and Drainage, Water Resource Department, Government of Bihar, Patna.
5.
The Commissioner, Patna Division, Patna.
6.
The District Magistrate, Buxar.
7.
The Additional District Magistrate, Buxar, 8.
The Superintendent of Police, Buxar.
9.
The Deputy collector Land Reforms, Dumraon, District- Buxar. 10.
The Circle Officer, Simri, District- Buxar.
11.
The Block Development Officer, Simri, District- Buxar. 12.
The Executive Engineer, Flood Control and Drainage, Division Buxar, District- Buxar.
13.
The Superintending Engineer, Flood Control and Drainage, Division Buxar, District- Buxar.
14.
The Sub- Divisional Officer, Flood control and Drainage, Division Buxar, District- Buxar.
15.
The Mukhiya, Gram Panchayat Raj Gangauli, P.S- Simri, District- Buxar. 16.
The Panchayat Secretary, Gram Panchayat Raj Gangauli, P.S- Simri, District- Buxar.
17.
The Sub-Divisional Magistrate, Buxar ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Mishra, Advocate :
Mr. Abhishek Mishra, Advocate For the Respondent/s :
Mr. Government Pleader (05) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-07-2025 Learned counsel for the petitioner prays for and is
2/4 allowed to implead the Sub-Divisional Magistrate, Buxar as respondent no.17 in course of the day.
2. Heard the parties.
3. The present petition has been preferred for the grant of following relief(s):
(i) For issuance of appropriate writ(s)/order(s)/ direction(s) in the nature of Mandamus commanding the respondent authorities concerned to take suitable/strict action in giving the possession to the petitioner after removing the illegal encroachment/obstruction created/creating by some anti-social elements on the Raiyati Land of the petitioner of total Area 41 decimals, bearing Mauza- Rajapur, Thana No.-66, Khata No.-390, Khesra No. 428 & 429, in presence of a Senior Gazetted Officer/Magistrate and police personals, so that petitioner can make boundary wall on his own share of land as per the several measurement made by the respondent authorities concerned as well as final demarcation already made by the Divisional Amin Land Reform, Dumraon,
3/4 District- Buxar, in view of the order/direction of Learned DCLR, Dumraon vide order dated 01.12.2023.
(ii) For further direction to the respondent authority concerned to take suitable action and punish the erring officials and the Mukhiya along with Panchayat Secretary (respondent no. 15 and 16) for allotting the fund for illegal construction work on petitioner's Raiyati land without his consent and recover the entire public money which have been withdrawn illegally in the name of construction of drainage and road without completion of work.
(iii) For further direction to the respondent authorities concerned to give proper security to the petitioner till the completion of the construction of boundary wall on his own land of total area 41 decimal, bearing Mauza- Rajapur, Thana No.-66, Khata No.-390, Khesra No. 428 & 429, because the petitioner and his family members are getting repeatedly dangerous threat to Bloodshed and violence, from the Mukhiya
4/4 and his Goons/anti-social elements.
(iv) Any other order or orders as your Lordships may deem fit and proper in the facts and circumstances of the case be granted to the petitioner.
4. Learned counsel for the petitioner submits that he shall be approaching the newly added respondent no.17, the Sub-Divisional Magistrate, Buxar/the District Magistrate, Buxar (respondent no.6) in next four weeks for the redressal of the grievance alongwith all the relevant documents.
5. If the petitioner approaches in the aforesaid period, the aforesaid respondents after putting the parties on notice and hearing them, shall be taking a decision preferably by 31st of December, 2025.
6. The writ petition stands disposed of.
(Rajiv Roy, J) vinayak/- U