Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12499 of 2024 ====================================================== Binay Kumar son of Mishra Kant Mandal resident of village - Sarra, P.O.- Motonga,via and P.S.- Panjwara, District- Banka, Presently resident at Panjwara, P.S.- Panjwara, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Bihar, Patna.

2.

The District Magistrate Banka.

3.

The Superintendent of Police Banka.

4.

The Sub-Divisional Officer Banka.

5.

The Officer incharge Police Station - Panjwara within District- Banka. 6.

The Circle Officer Barahat within District- Banka. 7.

The Circle Inspector Barahat within District - Banka. 8.

Sri Narsing Pawsan, Son of Late Mahavir Paswan resident of villagePanjwara, P.S.- Panjwara, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Respondent/s :

Mr.Government Pleader (18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of appropriate writ directing the respondents no. 2 to 6 to remove the encroachment made by the respondent no. 8, who has encroached the public road, bearing Thana no. 354, in front of Khesra no. 202,203, 204 and from Path no. (Road No.) 35, which is public land, situated at Panjwara-Dhoraiya Road and has made a shop on the public Road due to which petitioner and others are not in a position to come

Patna High Court CWJC No.12499 of 2024(2) dt.22-08-2024 2/2 on the road and is also obstructing /hindering free flow of traffic.

(ii). For issuance of an appropriate writ/order(s)/direction(s) commanding the respondents no. 1,2,3 for taking departmental action against the responsible officers i.e. Respondent no. 5, officer-in-charge, Panjwara, Respondent no. 6, Circle Officer, Barahat and respondent no. 7, Circle Inspector, Barahat, who have misused their power."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the Respondent No. 6 i.e. the Circle Officer, Barahat, DistrictBanka, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U