Ramakant Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2708 of 2018 ====================================================== Ramakant Singh Son of Late Ablakh Singh resident of Village and P.O. - Pinjari, P.S. - Barbigha, District Sheikhpura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate-cum-Collector, Sheikhpura, District Sheikhpura. 3.

The Superintendent of Police Sheikhpura, District Sheikhpura. 4.

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

The Dy. S.P. Sheikhpura, District Sheikhpura. 6.

The Circle Officer, Barbigha District Sheikhpura. 7.

The Officer-in-Charge, Barbigha District Sheikhpura. 8.

Mr. Jugeshwar Singh Son of Late Rajnandan Singh resident of village Pinjari, P.S. Barbigha, District Sheikhpura.

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, Standing Counsel-19 Mr. Atul Shankar, AC to Standing Counsel-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-08-2022 The writ petition has been filed seeking the following reliefs:- "(i) For issuance of an appropriate writ in the nature of mandamus commanding and directing the respondent authorities to issue compliance of order dated 13.05.14, 10.10.14 and 11.12.14 passed in Encroachment Case No. 01/2014-15 by respondent Circle Officer against which respondent no. 8 had preferred an appeal bearing Encroachment Appeal No. 7/2015 before respondent District Collector which has already been dismissed vide order dated

Patna High Court CWJC No.2708 of 2018(4) dt.16-08-2022 2/2 19.01.16.

(ii) Further for issuance of direction to the respondent authority to release the land situated at Mauja Pinjari, Khata No. 181, Khesra No. 1575 area 12 Decimal which is Gairmajarua Aaam land but by any hook and cook respondent no. 8 has encroached."

At the outset, the learned counsel for the petitioner submits that since the encroachment appeal filed by the private respondent no. 8 has already stood dismissed vide order dated 29.01.2016, passed by the learned Collector, Sheikhpura, the petitioner be granted liberty to approach the District Magistrate, Sheikhpura for enforcement of the order dated 13.05.2014 passed by the Circle Officer, Barbigha in Encroachment Case No. 1 of 2014-15.

Liberty so sought is granted.

The writ petition stands disposed off.

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