Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14251 of 2023 ====================================================== Amit Kumar Son of Ram Shankar Singh Resident of Village-Panghara P.S. Ramgarh Chowk District Lakhisarai.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate-Cum-Collector, Lakhisarai. 3.

The Deputy Development Commissioner, Lakhisarai. 4.

The Circle officer, Lakhisarai Anchal, Lakhisarai. 5.

The District Programme Officer, MANREGA, District-Lakhisarai. 6.

The Block Programme officer, Lakhisarai Block, Lakhisarai. 7.

Ram Sumiran Singh Son of Rajo Singh Resident of Village Panghara P.S. Ramgarh Chowk District Lakhisarai.

8.

Pravin Kumar Son of Late Ganesh Singh Resident of Village Panghara P.S. Ramgarh Chowk District Lakhisarai.

9.

Chandan Singh Son of Ram Sumiran Singh Resident of Village Panghara P.S. Ramgarh Chowk District Lakhisarai.

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

For the Petitioner/s :

Mr.Amar Nath Singh, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh (Ga2) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For setting aside the order dated 23.06.2023 passed by the Collector-cum District Magistrate Lakhisarai (Respondent no.2) in Encroachment Appeal Case No.

01/2023 whereby and whereunder he has rejected the appeal which was filed against the order of Circle Officer, Lakhisarai Anchal, Lakhisarai (Respondent no.4) dated 13.01.2020 in Encroach Case No. 71/2019- 20 mainly of the

Patna High Court CWJC No.14251 of 2023(3) dt.02-07-2024 2/2 ground that disputed land is Raiyati of the Private Respondents and accordingly affirmed the order of Circle Officer.

(ii) For directing the Respondents to make the Aam Rasta free from the obstruction/ from the clutches of the Private Respondents which begins from Shiv Temple to the house of Ram Sumiran Singh situated at village Panghara P.S. Ramgarh Chowk District Lakhisarai. The said Rasta is built under the scheme of MANREGA and villagers have got a right of User such as right of way.

(iii) The Private Respondents be directed not to disturb the petitioner as well as the villagers of village Panghara to go over the said Aam Rasta."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate-Cum-Collector, Lakhisarai for the purposes of filing a review petition for review of the order dated 23.06.2023, passed in Encroachment Appeal Case No.01 of 2023. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U