Umakant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12004 of 2024 ====================================================== Umakant Prasad Son of Late Suresh Prasad Singh, Resident of VillageSargaon, P.O.-Dahpar Sargaon, P.S. Noorsarai, District-Nalanda at Biharsharif, Pin Code-803114.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 4.

The Collector cum District Magistrate, Nalanda at Biharsharif. 5.

The Sub-Divisional Magistrate, Biharsharif, Nalanda. 6.

The Deputy Collector Land Reforms, Biharsharif, Nalanda. 7.

The Circle Officer, Noorsarai, Nalanda.

8.

The Station House Officer, Noorsarai, Nalanda. 9.

Anirudh Sharma, son of Late Dashrath Singh, Resident of Village-Sargaon, P.O.-Dahpar Sargaon, P.S. Noorsarai, District-Nalanda at Biharsharif, Pin Code-803114.

10.

Jay Prakash Narayan Sharma, Son of Late Harshit Prasad Singh, Resident of Village-Sargaon, P.O.-Dahpar Sargaon, P.S. Noorsarai, District-Nalanda at Biharsharif, Pin Code-803114.

11.

Krishnandan Sharma, son of Late Arjun Prasad Singh, Resident of VillageSargaon, P.O.-Dahpar Sargaon, P.S. Noorsarai, District-Nalanda at Biharsharif, Pin Code-803114.

12.

Umesh Chandra Shukla, son of Shivchandra Prasad Sharma, Resident of Village-Sargaon, P.O.-Dahpar Sargaon, P.S. Noorsarai, District-Nalanda at Biharsharif, Pin Code-803114.

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Respondent/s :

Mr. Ramadhar Singh, GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for grant of appropriate writ(s), order(s), direction(s), to the

Patna High Court CWJC No.12004 of 2024(2) dt.19-08-2024 2/3 respondents to remove the encroachment in view of relevant provisions of the Bihar Public Land Encroachment Act, 1956 from Public Land Pathway/ water body (Gaddha), as per khatiyan, which are public Land/ the State of Bihar, situated under the District of Nalanda, CircleNoorsarai, Revenue Mouza- Sargaon, Revenue Thana No. 77, Khata No. 105, Khesra/ Survey No. 654 beside Survey No. 655 under Khata No. 83, which is used as Water Body (Gaddha), pathway / Khata holder Gair Mazarua Aam Gaddha, which is recorded in Khatiyan as water body (Gaddha), which is a village pond as per village map have been encroached by the private respondent no. 9 to 12 by way of personal use upon the abovesaid public land/ way/ water body (Gaddha), whereupon villagers were using as storage of wastage of water from the household/ the locality, due to which, the common people/ villagers are facing day to day difficulty and obstacles created by the private respondents." 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. 7 i.e. the Circle Officer, Noorsarai, Nalanda, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.12004 of 2024(2) dt.19-08-2024 3/3 3.

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