Nageshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14345 of 2025 ====================================================== Nageshwar Prasad Singh, Son of Late Arjun Prasad Singh, Resident of Village- Dhoni, P.O.- Morama, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2.

The District Magistrate/Collector, Banka, District- Banka. 3.

The Deputy Devlopment Commissioner, Banka, District- Banka. 4.

The Sub-Divisional Officer, Banka, District- Banka. 5.

The Circle Officer/Anchaladhikari, Rajoun, District- Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Adv.

For the Respondent/s :

Mr.Addl. Advocate General 07 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-12-2025 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.

2. Learned counsel appearing on behalf of the petitioner submits that though the petitioner has given a representation to the District Magistrate, Banka for removing the encroachments over the subject land, till date the authorities are not taking any action. Learned counsel submits that the District Magistrate, Banka (Respondent No. 2) may be directed to remove the encroachments over the public land by fixing a time frame.

Patna High Court CWJC No.14345 of 2025(2) dt.23-12-2025 2/3

3. Per contra, the learned counsel appearing on behalf of the respondents-State submits that the petitioner has approached the District Magistrate, Banka (Respondent No. 2) but as a matter of fact the petitioner should had made a representation to the Circle Officer, Rajoun, Banka (Respondent No. 5) and in case the petitioner makes any representation to the Circle Officer, Rajoun, Banka (Respondent No. 5), the same shall be considered strictly in accordance with law and necessary action taken.

4. Having regard to the same, the present writ petition is disposed of granting liberty to the petitioner to give a suitable representation ventilating his grievance duly enclosing the copies of the documents that he wants to rely on to the Circle Officer, Rajoun, Banka (Respondent No. 5) within a period of four weeks from today. On receipt of the said representation, the Circle Officer, Rajoun, Banka (Respondent No. 5) shall consider the same and pass necessary orders duly putting all interested parties on notice including the petitioner herein and take appropriate action strictly in accordance with law. If any objection is filed by any interested parties, the same shall be taken into consideration before passing any orders. The authority shall endeavor to pass necessary orders as

Patna High Court CWJC No.14345 of 2025(2) dt.23-12-2025 3/3 expeditiously as possible preferably within a period of 12 weeks from the date of receipt of the copy of the representation made by the petitioner. Any order passed shall be communicated to the parties.

5. With the above directions, the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U