Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2955 of 2021 ====================================================== Sanjay Kumar Son of Sri Ram Nath Mandal Resident of Mohalla- East Ashok Nagar, P.O.- Lohia Nagar, P.S.- Kankarbagh, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna.

2.

The Principal Secretary, Revenue Department, Government of Bihar, Patna. 3.

That Principal Secretary, Home Department, Government of Bihar, Patna. 4.

The District Magistrate, District- Patna.

5.

The Sub Divisional Officer, Sub Division Patna Sadar, District Patna. 6.

The Deputy Collector, Land Reform Sub Division Patna Sadar, District Patna.

7.

The Circle Officer (C.O.), Phulwari Sharif, District- Patna. 8.

Shri Pawan Rai S/o Sri Gajakaran Rai Resident of Village- Jaganpura, P.S.- Ram Krishna Nagar, District- Patna.

9.

Shri Vakil Ray Son of Sri Gajkaran Ray R/o of Village- Jaganpura, P.S.- Ram Krishna Nager, District- Patna.

10.

Shri Dhanik Rai Son of Sri Gajkaran Ray R/o of Village- Jaganpura, P.S.- Ram Krishna Nager, District- Patna.

11.

Shri Bimlesh Ray Son of Late Ashok Ray R/o of Village- Jaganpura, P.S.- Ram Krishna Nager, District- Patna.

12.

Shri Praveen Kumar Singh Son of Late Rajballabh Singh Village and P.O.- Mangal Bazar, Navinagar, P.S.- Navinagar, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-08-2022 The present writ petition has been filed seeking the following reliefs:- "That this is an application praying for issuance of writ/ writs certiorary or appropriate in nature for directing and commanding to the respondents

Patna High Court CWJC No.2955 of 2021(2) dt.18-08-2022 2/3 for removal of the encroachment from the land of the way of the residential land of the petitioner which has been illegally encroached by the private respondents party from all around in such position there is no way to come and go of the petitioner at his residential land when ever the petitioner has approached before the State Respondents and filed an application before the S.D.O. Sub-Divisional, Patna Sadar which has been entertained in 1163(M)/2014 and the S.D.O. Patna Sadar passed order and giv en direction to the C.O. Phulwarishariff, District Patna to start proceeding of demarcation on application of the petitioner for the land of the way, accordingly, the petitioner submitted an application before the C.O., Phulwarisharif with annexed the order passed by the S.D.O.

Patna Sadar but ignoring this the C.O. Phulwarisharif passed order for measurement of the land of the petitioner on place of measurement of the way of the land which has been illegally encroached by the private respondents and after measurement of the land of the petitioner the C.O. Phulwarishariff closed the proceeding and till the date no encroachment has been removed from the way of the residential land of the petitioner."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the

Patna High Court CWJC No.2955 of 2021(2) dt.18-08-2022 3/3 appropriate authority for redressal of his grievances. Liberty so sought is granted.

The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Tiwary/- U