Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12798 of 2023 ====================================================== Rajesh Kumar Son of Late Ranjit Singh, R/o Vill. Toigarh, Police Station Jairampur More, in the district of Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar through its District Magistrate, Sheikhpura. 2.

The District Magistrate, Sheikhpura.

3.

The Superintendent of Police, Sheikhpura.

4.

The Sub Divisional Magistrate, Sheikhpura.

5.

The SHO Jairampur Police Station, Sheikhpura. 6.

The Circle Officer, Barbigha Unchal, Sheikhpura. 7.

Mr. Bipin Singh, Son of Late Ramchandra Prasad Singh, resident of village Toigarh, P.S. Jairampur in the district of Sheikhpura. 8.

Mr. Shankar Singh, son of Late Bivikshan Singh, resident of village Toigarh, P.S. Jairampur in the district of Sheikhpura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinu Kumar Mr. Vardaan Manglam Mr. Ritika Rani For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-02-2024 Counter affidavit filed on behalf of the Respondents No. 1, 2, 4 and 6 is taken on record.

2. The present application has been filed for the following reliefs:- "(a) For a direction to the respondents to remove the encroachment over the public road situated on survey plot No. 1741 and 1747 Thana No. 46 under Barbigha Unchal in the district of Sheikhpura. (b) For commanding the respondent to ensure the smooth communication on 12 fit village road situated

Patna High Court CWJC No.12798 of 2023(3) dt.19-02-2024 2/2 bearing Plot No. 1741 and 1747 under Barbigha Unchal in the district of Sheikhpura.

(c) For directing the authorities concern about restraining the opposite party Nos. 7 to 8 as well as any other anti-social elements to creates unnecessarily hindrance over the said public road."

3. It has been submitted by the learned counsel for the State that the grievance of the petitioner has been redressed as encroachment proceeding has been initiated against the alleged encroachers.

4. The encroachment case shall be disposed of by the Circle Officer, Barbigha, Sheikhpura after hearing all the interested parties including the alleged encroachers in accordance with law.

5. During the pendency of the encroachment case, the status quo as on today shall be maintained.

6. This application is disposed of.

(Sandeep Kumar, J) Saif/- U