Patna High CourtCWJC/646/2015disposed

Bhogendra Nath Jha v. The State Of Bihar And ORS

2015-02-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.646 of 2015 ====================================================== Bhogendra Nath Jha Son of-Late Jharkhandi Jha Resident of Village+P.O.- Barhaser, P.S.-Bihra, District-Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Land Reforms Government of Bihar, Patna.

2. The Divisional Commissioner, Koshi Division, Saharsa.

3. The District Magistrate, Saharsa.

4. The Superintendent of Police, Saharsa.

5. The Circle Officer, Saharsa.

6. Ratnesh Sada Son of-name not known to the petitioner Flat No.133+134, Birchand Patel Path, Patna.

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

For the Petitioner/s : Mr. Pramod Mishra For the Respondent/s : Mr. GA-10- Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-02-2015 Heard the parties.

With the consent of the parties, the writ application is disposed of.

The petitioner claims to be Khatiyani Raiyat of the land appertaining to khata (old) no.518, khesra no. 1224(old) under Jamabandi No. 61 situated in Mauza-Kahra in the district of Saharsa. The grievance is that respondent no.6 has forcibly started constructing the house on the said land in the name of Panchayat Bhawan. The said respondent be restrained by issuing appropriate writ. I fail to understand how a writ can be issued

Patna High Court CWJC No.646 of 2015 (2) dt.09-02-2015 2 / 2 against respondent no.6.

The counsel for the petitioner further submitted that several representations have been filed against the atrocities being committed by respondent no.6 before the District Magistrate/Superintendent of Police.

Taking into account the submissions of the parties, the writ application is disposed of permitting the petitioner to pursue his remedy as is/are available in law including the representation which he claims to have filed before the Authority. It will be open to the respondent District Magistrate to take notice of the representation filed by the petitioner and pass appropriate order thereon in accordance with law. The writ application is disposed of.

(Kishore Kumar Mandal, J) HR/- U