Shyamdeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12487 of 2024 ====================================================== Shyamdeo Prasad son of Late Badho Prasad, resident of Village-Jehaldih, Police Station-Sirdala, District-Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Old Secretariat, Patna.

3.

The Collector and District Magistrate, Nawada. 4.

The Additional Collector, Nawada.

5.

The Sub Divisional Officer, Sub Division, Nawada. 6.

Circle Officer, Circle Office Sirdala, Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabi Bhushan Prasad No. 1, Adv.

For the Respondent/s :

Mr.Additional Advocate General (12) ====================================================== 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 a writ in the nature of writ of mandamus commanding and directing the Respondents to initiate and conclude the encroachment proceeding to be initiated against occupiers of Aam Gairmazarua Land, situated at Mauza-Sirdala, Khata No. 663, Khesra No.5328, 5329 and 5331, Area 15 dec., 63 dec. and 1 acre 36 dec. respectively, which has been used for Aam Rasta for villagers of Jehaldih and occupiers of the land are creating obstructions in free passage through the Aam Rasta making it narrow

Patna High Court CWJC No.12487 of 2024(2) dt.22-08-2024 2/2 by constructing residential houses, using muscle power and criminal force.

(B). For issuance of a writ in the nature of writ of mandamus commanding and directing the Respondents to initiate an encroachment proceeding, under the Bihar Public Land Encroachment Act, 1956, against the persons, who have encroached the Government Land/ (Aam Gairmazarua Land) public road, by constructing residential houses on the aforesaid Government / Public Land situated at Mauza Sirdala, Khata No. 663, Khesra Nos. 5328, 5329 and 5331, which comes under the jurisdiction of the Circle Officer, Sirdala."

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 Circle Officer, Sirdala, District-Nawada, 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