Harishankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19893 of 2021 ====================================================== Harishankar Prasad Son of Late Jawahar Lal residence of Mohalla - Daulatganj, P.O.- Chapra Police-Station- Bhagwan Bazar, District - Saran at Chapra.

... ... Petitioner/s

Versus

1.

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

The Commissioner Saran at Chapra.

3.

The Collector Saran at Chapra.

4.

The Superintendent of Police Saran at Chapra. 5.

The Assistant Superintendent of Police-Cum-Sub divisional Police Officer Saran at Chapra.

6.

The Subdivision Magistrate, Saran, Chapra.

7.

The Police Inspector -cum-Station Head Officer Chapra Mufasil District - Saran at Chapra.

8.

The Circle Officer, Sadar Chapra at Saran.

9.

The Secretary, Bihar State Housing Board Sardar Patel Marg Patna. 10.

The Managing Director Bihar State Housing Board Sardar Patel Marg Patna. 11.

The Land- Acquired Officer Bihar State Housing Board Sardar Patel Marg Patna.

12.

The Chief Engineer, Bihar State Housing Board, Muzaffarpur. 13.

The Superintending Engineer, Bihar State Housing Board, Muzaffarpur. 14.

The Executive Engineer, Bihar State Housing Board, Muzaffarpur. 15.

The Assistant Engineer, Bihar State Housing Board, Subdivision office Chapra, Saran.

16.

The Junior Engineer, Bihar State Housing Board, Subdivision office Chapra, Saran.

17.

Sri Dharmendra Singh C- 162 at Bihar State Housing Board Colony Prabhunath Nagar Chapra, District - Saran at Chapra. 18.

Sri S.N. Giri, Principal Gurukul Sanskrit Mahavidyalay Methiya, Chapra Saran.

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav,Adv.

For the Respondent/s :

Mr.Yogendra Prasad Sinha,AAG-7 Mr.Rakesh Ambastha,AC to AAG-7 For the BSHB Mr.Pawan Kumar,Adv.

Mrs.Pratibha,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

Patna High Court CWJC No.19893 of 2021(4) dt.19-04-2023 2/3 19-04-2023 The present writ petition has been filed seeking the following reliefs:- "1.(i) For direction to the respondents authorities for adding name of the petitioner in place of his father, the Bihar State Housing Board had allotted vide Gyap - 7727 dated 27-9-75 one piece of land bearing plot no. C-199 area 1548 Square ft. at Bihar State Housing Board colony Prabhunath Nagar, Chapra. The Bihar State Housing Board gave take over possession to the father of the petitioner.

(ii) For direction to the respondents authorities for compliance of vide Memo no. 26 order dated 14-01- 2016 and vide Memo no. 3056 order dated 22-11-2016 passed by Respondent no. 6 order given to the Respondent no. 7 to remove illegal encroachment by private respondent no.

17 bearing plot no. C-199 and 200 at Bihar State Housing Board Colony Prabhunath Nagar, Chapra.

(iii)For direction to the respondents authorities for giving take over possession to the petitioner, one piece of land bearing plot no. C-199 area 1548 Square varagfit at Bihar State Housing Board colony Prabhunath Nagar Chapra."

Patna High Court CWJC No.19893 of 2021(4) dt.19-04-2023 3/3 At the outset, the learned counsel for the respondent-Bihar State Housing Board has referred to the counter affidavit filed in the present case, to submit that the plot of land bearing Plot No.C-199, which was allotted in favour of the deceased father of the petitioner vide letter dated 27.09.1975, has been freed of encroachment with the help of the police force and the encroachers have been removed. It is also submitted that as far as the petitioner is concerned, in case he approaches the respondent-Bihar State Housing Board by filing appropriate application along with relevant documents for the purposes of carrying out mutation in his favour, qua the aforesaid plot in question, the same would be done within a period of four weeks of him approaching the respondentBihar State Housing Board. It is directed accordingly.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/SonalU