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Patna High CourtCWJC/10439/2023disposed

Praveen Chandra Pathak v. The State Of Bihar

2023-08-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10439 of 2023 ====================================================== 1.

Praveen Chandra Pathak S/o Late Umesh Chandra Pathak Resident of Village- Barauni-2, P.S.- Teghra, District- Begusarai. 2.

Prabhash Chandra Pathak, S/o Late Charu Chandra Pathak, Resident of Village- Barauni-2, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Home, Bihar, Patna. 2.

The District Magistrate, Begusarai.

3.

The Sub-Divisional Magistrate, Teghra, District- Begusarai. 4.

The Circle Officer, Teghra, District- Begusarai. 5.

The Station House Officer, P.S.- Teghra, District- Begusarai. 6.

Sri Amlesh Kumar Rai, the Incumbent Mukhia, Gram Panchayat Raj, Barauni 03, District- Begusarai.

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur, Advocate For the Respondent/s :

Mr.Manish Kumar ( GP- 4 ) Mr. Manoj Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2023 1.

The present writ petition has been filed seeking the following relief:- "1.That this is an application for issuance of a writ in the nature of Mandamus commanding and directing the respondent authorities to provide due protection to the land of the petitioners, falling under Thana No. 330, Khesra No. 54 under Khata No. 16 measuring an area of 2 bigha 1 katha and 18 dhurs,

Patna High Court CWJC No.10439 of 2023(2) dt.01-08-2023 2/3 situated under Mauza-Bariyapur, Circle & P.S.- Teghra in the district of Begusarai, having it's boundary from North- Niz/ the petitioners, South- Siman Barauni, East Road & West- Nathuni Rai (hereinafter said to be the land in question for brevity) from being forcibly making the same useless from being a commercial plot to non-commercial one, by the respondent Sri Amlesh Kumar Rai, the incumbent Mukhia, Gram Panchayat Raj, Barauni 03, District-Begusarai (hereinafter referred to as the respondent Mukhia for brevity), by getting a damp pit for dumping of the waste constructed on the flanking of the road, situated between the road and the land in question i.e. in front of the land in question and/or for issuance of any other writ/writs, order/orders, direction/directions for which the petitioner may be found legally entitled to be in the facts and circumstances of the case."

2.

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the

Patna High Court CWJC No.10439 of 2023(2) dt.01-08-2023 3/3 petitioners to approach the respondent authorities for redressal of their aforesaid grievances. Liberty so sought is granted.

3.

The writ petition stands disposed off as not pressed.

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