Madan Mohan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11032 of 2024 ====================================================== Madan Mohan Thakur s/o Late Rajeshwar Thakur, resident of Village and P.O.-Lakhanpur, P.S.-Katra, District-Muzaffarpur at present reside Lakhanpur House, Near S.B.I. Bank, Mohalla-Jhajhihat Road, P.O.-Janakpur Road, P.S.- Pupri, District-Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through its the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

The District Magistrate, Muzaffarpur.

4.

The Deputy Collector Land Reforms Department, Muzaffarpur East, District-Muzaffarpur.

5.

The Sub Divisional Public Grievance Redressal Officer, Muzaffarpur East. 6.

The Block Development Officer, Katra Anchal, District-Muzaffarpur. 7.

The Circle Officer, Katra Anchal, District-Muzaffarpur. 8.

Sri Munchun Yadav, S/o Fakira Yadav, residence of Village and P.O.- Lakhanpur, P.S. Katra, District-Muzaffarpur.

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

For the Petitioner/s :

Mr.Niraj Kumar, Advocate Mr.Shailabi Gautam, Advocate Mr.Lalitesh Mani, Advocate For the Respondent/s :

Mr.Government Pleader (3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(a) For issuance of direction to the respondent authorities to remove the illegal construction /encroachment which is constructed by the Private Respondent no.08 through Indra Aawas Yojana upon the Community Hall situated at Mauza Lakhanpur,

Patna High Court CWJC No.11032 of 2024(2) dt.06-08-2024 2/3 Khesra No.3416, Thana No. 196 Area: 0.10 Decimal and possession of the community hall which was constructed through local MLA funds in the year 2005-6 for welfare of SC/ST caste, must be handed back to the Gram Panchayat.

(b) For issuance of an appropriate writ in the nature of CERTIORARI to Set aside/ quash the land settlement order (Parwana) (Annexure(P1) issued by the Respondent No.7/Circle Officer, Katra Anchal surreptitiously and illegally settled total 0.32 Decimal government land to the private Respondent no.8 over there a community hall in question[Mauza Lakhanpur, Khesra No. 3416, Thana No.196, Area: 0.10 Decimal] was already built through MLA funds.

(c) For issuance of direction to the respondent authorities to set-up a permanent police observation 10 ensure that по illegal encroachment or illegal means take place in future of the land in question which is the Public Community Hall which is constructed upon the government land through government funds for the welfare the public at large and appropriate legal action be initiated against him as per law."

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

Patna High Court CWJC No.11032 of 2024(2) dt.06-08-2024 3/3 Officer, Katra Anchal, District-Muzaffarpur for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U