Rakesh Kumar, v. The State Of Bihar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12908 of 2025 ====================================================== Rakesh Kumar, Son of Ramdhyan Mistri @ Ramdhayan Visvkarma, Resident of Village-Titai Bigha, P.S.-Paras Bigha, District-Jehanabad. ... ... Petitioner/s
Versus
1.
The State of Bihar, through the Chief Secretory, Government of Bihar, Patna.
2.
The Chief Secretory, Government of Bihar, Patna. 3.
The District Magistrate, Jehanabad, District-Jehanabad. 4.
The Additional Collector, Jehanabad, District-Jehanabad. 5.
The Circle Officer, Jehanabad, District-Jehanabad. 6.
Ram Kumar @ Ravi Kumar, Son of Parmanand Prasad. Resident of VillageTitai Bigha, P.S.-Paras Bigha, District-Jehanabad. 7.
Parmanand Prasad, Son of Ram Sevak Yadav, Resident of Village-Titai Bigha, P.S.-Paras Bigha, District-Jehanabad.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhanshu Shekhar, Adv.
For the Respondent/s :
Mr.Sita Ram Yadav, Government Pleader (16) Mr. Jitendra Kumar, AC to GP 16 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-12-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.
2. Learned counsel appearing on behalf of the petitioner submits that though the petitioner has given a representation to the District Magistrate, Jehanabad for removing the encroachments over the subject land, till date the authorities are not taking any action. Learned counsel submits that the District Magistrate, Jehanabad (Respondent No. 3) may
Patna High Court CWJC No.12908 of 2025(2) dt.23-12-2025 2/3 be directed to remove the encroachments over the public land by fixing a time frame.
3. Per contra, the learned counsel appearing on behalf of the respondents-State submits that the petitioner has approached the District Magistrate, Jehanabad (Respondent No.
3) but as a matter of fact the petitioner should had made a representation to the Circle Officer, Jehanabad (Respondent No. 5). That in case the petitioner makes any representation to the Circle Officer, Jehanabad (Respondent No. 5), the same shall be considered strictly in accordance with law and necessary action taken.
4. Having regard to the same, the present writ petition is disposed of granting liberty to the petitioner to give a suitable representation ventilating his grievance duly enclosing the copies of the documents that he wants to rely on to the Respondent No. 5, i.e, the Circle Officer, Jehanabad within a period of four weeks from today. On receipt of the said representation, the Respondent No. 5, i.e, the Circle Officer, Jehanabad shall consider the same and pass necessary orders duly putting all the parties on notice including the Respondent Nos. 6 and 7 herein or any other interested party and take appropriate action strictly in accordance with law. If any
Patna High Court CWJC No.12908 of 2025(2) dt.23-12-2025 3/3 objection is filed by the Respondent Nos. 6 and 7 or any other interested parties, the same shall be taken into consideration before passing any orders. The authority shall endeavor to pass necessary orders as expeditiously as possible preferably within a period of 12 weeks from the date of receipt of the copy of the representation made by the petitioner. Any order passed shall be communicated to the parties.
5. With the above directions, the present writ petition stands disposed of.
(A. Abhishek Reddy , J) Bhardwaj/- U