Ram Aasarey @ Ram Aasarey Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14746 of 2022 ====================================================== Ram Aasarey @ Ram Aasarey Sah Son of Late Keshri Gupta Resident of Village- Barahi, Police Station- Bairgania, District- Sitamarhi, at present Resident of B-697/3, Mukundpur, Janta Vijay, Mukundpur Extn. Part 2, North West Delhi, Delhi, 110042.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Home Department, Government of Bihar, Patna.

2.

The District Magistrate, District- Sitamarhi. 3.

The Superintendent of Police, District Sitamarhi. 4.

The Sub-Divisional Officer, Sub- Division- Sitamarhi Sadar, District Sitamarhi.

5.

The District Panchayat Raj Officer, District Sitamarhi. 6.

The Block Development Officer, Bairgania, District Sitamarhi. 7.

The Circle Officer, District- Sitamarhi.

8.

The Mukhiya Gram Panchayat Raj, Pachataki Yadu, Circle Office Bairganiya, District, District Sitamarhi.

9.

The Ward Member, Ward No. 6, Barahi, Panchayat Pachataki Yadu, Police Station- Bairgania, District- Sitamarhi.

10.

The Anchal Amin, Shree Lalan Ram, Bairgania, District- Sitamarhi. 11.

Gopal Sah Son of Late Mahesh Sah, Resident of Village- Barahi, Police Station- Bairgania, District- Sitamarhi.

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

For the Petitioner/s :

Mr.Anil Kumar, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The present writ petition has been filed seeking the following reliefs:- "i) For issuance of a writ in the nature of mandamus directing and commanding the respondent to remove encroachment from Khata No. 82, Plot No. 432, area 81⁄4 decimals and plot

Patna High Court CWJC No.14746 of 2022(2) dt.10-05-2023 2/2 no. 433, area 61⁄2 decimals under Village Barahi, Circle Office, Bairgania, District-Sitamarhi over which the respondent has constructed pakka road under arbitrary manner forcibly ignoring the law without acquiring the land and giving compensation of the land.

(ii) For issuance of a writ in the nature of mandamus directing and commanding to the respondent the then Mukhiya and Ward Member of Ward No. 6 to deposit all the misused public money, which was not used properly in accordance with law in collusion with the other respondent, who were well known about the misused by the then Mukhiya and the then Ward Members of Ward No. 6, Panchayat Pachtaki Yadu under arbitrary manner for self requirement of one person without exhausting law."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent-authorities for redressal of his aforesaid grievance. Liberty, so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U