Harendra Prasad @ Harendra Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14738 of 2024 ====================================================== Harendra Prasad @ Harendra Prasad Gupta Son of Late Lal Mohan Sah@Lal Mohan Prasad Resident of Village- Bhushula, P.O.- Karwan, Anchal- Ara, P.S.- Ara Muffasil, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary-cum- Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. 2.

The District Magistrate, Bhojpur at Ara.

3.

The Sub. Divisional Officer, Sadar Ara, District- Bhojpur. 4.

The Circle Officer, Sadar Ara, District- Bhojpur. 5.

Shri Siyaram Singh, Son of Late Nandlal Singh Resident of VillageBhushula, P.O.- Karwan, Anchal- Ara, P.S.- Ara Muffasil, District- Bhojpur. 6.

Satya Narayan Singh, Son of Late Nandlal Singh Resident of VillageBhushula, P.O.- Karwan, Anchal- Ara, P.S.- Ara Muffasil, District- Bhojpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramadhar Shekhar, Adv.

For the Respondent/s :

Mr. Raj Shankar Singh, GA-10 Mr. Jitendra Kumar, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2024 The present writ has been filed seeking the following relief:- "1. That this writ application is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions, especially in the nature of Mandamus, commanding and directing the respondent authorities, particularly the District Magistrate, Bhojpur and the Circle Officer, Sadar Ara, Bhojpur, (Respondent Nos. 2 & 4 respectively), who are custodian of the government land situated under their jurisdiction,

Patna High Court CWJC No.14738 of 2024(2) dt.26-09-2024 2/2 i.e. the one appertaining to Khata No. 214, Plot No. 580 to Khata No. 37, Plot No. 584, situated at Mauja Bhushula, Thana No. 173, Anchal Sadar, District- Bhojpur, which has been recorded as Aam Rasta and is used for general purpose, to remove the encroachment made by Shri Siyaram Singh and Satya Narayan Singh (Respondent Nos. 5 & 6). Due to the aforesaid encroachment, there is hindrance in crossing over the P.C.C. road and the Respondent Nos. 5 & 6 are always creating nuisance among the local villagers but the respondent authorities, especially the Circle Officer, Sadar Ara (Respondent No. 4), has not taken any interest despite the S.D.O., Sadar Ara having already passed an order and having directed for removal of the encroachment made over the aforesaid land."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sadar Ara, District-Bhojpur, 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