Lalan Prasad Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7159 of 2018 ====================================================== Lalan Prasad Srivastava, son of Bhikhi Lal Srivastava, Resident of VillageLoharpatti, P.S.-Kuchaikota, District-Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar through the Collector, Gopalganj, Governemnt of Bihar.

2. The Additional Collector, Gopalganj.

3. The Deputy Collector, Land Reforms, Gopalganj

4. The Circle Officer, Kuchaikote, Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishwajeet Singh, Adv.

For the Respondent/s :

Mr. Prakritita Sharma, AC to - SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-04-2018 Heard learned Counsel for the petitioner and the respondent-State.

The present Writ application has been filed for commanding the respondent authorities to get the encroachment removed from the land of the petitioner, appertaining to Plot Nos.72, 73 and 75, Khata No.36, situated at Village- Loharpatti, Block - Kuchaikote, which is found to be encroached during measurement of the land in Measurement Case No. 47 of 201718, as contained in Annexure-2. It is submitted by learned counsel for the petitioner that during measurement of the land in question, it was found that the land of the petitioner has been encroached upon by some private individuals. However, those individuals have not

Patna High Court CWJC No.7159 of 2018(2) dt.16-04-2018 2/2 been made party respondent in the present proceeding. In exercise of discretionary jurisdiction conferred under Article 226 of the Constitution of India, this Court cannot resolve the issue as it requires leading of evidence. In the circumstances, the writ application is disposed of with a liberty to the petitioner to agitate the grievance at the appropriate forum.

Accordingly, the writ application is disposed of with the liberty aforementioned.

(Dinesh Kumar Singh, J) Ashwini/- U