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Patna High CourtCWJC/19135/2021disposed

Inderjeet Kumar Jha v. The State Of Bihar Through The Principal Secretary,

2022-11-03Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19135 of 2021 ====================================================== 1.

Inderjeet Kumar Jha Son of Biswanath Jha Resident of Village - Kasrol, P.S. - Ghanshyampur, District- Darbhanga.

2.

Ramesh Chandra Jha Son of Baidhnath Jha Resident of Village - Kasrol, P.S. - Ghanshyampur, District- Darbhanga.

3.

vinjay Kumar Jha Son of Gita Prasad Jha Resident of Village - Kasrol, P.S. - Ghanshyampur, District- Darbhanga.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Darbhanga.

3.

The Sub - Divisional Officer, Darbhanga.

4.

The Sub - Divisional Officer Biroul, Darbhanga. 5.

The Circle Officer, Darbhanga.

6.

The Executive Engineer Road Construction Department Division Benipur Darbhanga.

7.

Brahamanand Jha Son of Vishwanath Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga. 8.

Amarnath Jha Son of Rupan Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga.

9.

Ajit Jha Son of Gausai Nath Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga.

10.

Ramnath Jha Son of Rupnath Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga.

11.

Bamshankar Jha Son of Mahesh Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga.

12.

Magan Jha Son of Maro Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga.

13.

Yogeshwar Jha Son of Jayshankar Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga. 14.

Shailesh Bihari Son of Late Shivshankar Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga. 15.

Chairanjeev Jha Son of Shivshankar Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga. 16.

Umashankar Jha Son of Late Maheshwar Jha Resident of Village - Kasrol Uttari Tol, P.S. - Ghanshyampur, District- Darbhanga. ... ... Respondent/s

Patna High Court CWJC No.19135 of 2021(2) dt.03-11-2022 2/3 Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (GP 18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-11-2022 The present petition has been filed seeking the following reliefs :- "(i) For issuance of a writ of mandamus commanding the respondent authority for vacating the encroached Government road from Gram Panchayat North Kasror Middle School to Harisinghpur.

(ii) For issuance of a writ of Mandamus commanding the respondent authority for forcibly occupied the land of road encroached by private respondents and create hindrance in construction of road.

(iii) For issuance of writ of Mandamus commanding the respondent authority to consider the representation filed by petitioner on 22.08.2020, 14.12.2020 and 31.12.2020."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Circle Officer, Darbhanga for redressal of their aforesaid grievances. Liberty so sought, is granted.

It is needless to state that in case, the petitioner approaches the Circle Officer, Darbhanga by filing appropriate petition under the provisions of the Bihar Public Land

Patna High Court CWJC No.19135 of 2021(2) dt.03-11-2022 3/3 Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U