Imtiyazuddin Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19251 of 2018 ====================================================== Imtiyazuddin Ahmad Son of Late Md. Siddique, Resident of Village- Videshi Tola, Thawe, Police Station- Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Gopalganj.

3.

The Sub-Divisional Officer, Gopalganj, Gopalganj. 4.

The Circle Officer, Thawe, Gopalganj.

5.

The Executive Office, Zila Parishad, Gopalganj. 6.

The District Engineer, Zila Parishad, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Respondent/s :

Mr.Ajay, GA-5 For the Gopalganj Zila Parishad : Mr. Satya Prakash Tripathy ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2019 Despite the earlier order of this Court, no counter affidavit has been filed on behalf of the Zila Parishad, Gopalganj, hence this Court is left with no option but to pass order in the present case.

The grievance of the petitioner in the present case is that the land of the petitioner bearing Plot No. 1459 situated at village-Semra (Purab Tola), District-Gopalganj is being encroached by the Zila Parishad, Gopalganj by making a public road over the same.

The learned counsel for the petitioner has brought to the notice of this Court a circular of the Rural Works

Patna High Court CWJC No.19251 of 2018(3) dt.06-08-2019 2/2 Department, Government of Bihar dated 27.10.2014 wherein it has been directed that in case road is being constructed and any complaint is received, the work is required to be stopped and the concerned authority is required to contact the Circle Officer concerned for clarification of the issue.

Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the Circle Officer, Thawe, Gopalganj by filing appropriate complaint within a period of four weeks from today, whereupon the Circle Officer, Thawe, Gopalganj would examine the matter and pass appropriate orders and till the passing of the final order by the Circle Officer, Thawe, Gopalganj, status quo existing as on today, shall be maintained. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U