Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17197 of 2022 ====================================================== Chandan Kumar son of Balindra Singh, resident of Village- Ghorgahiyan, P.O.- Nainpura, P.S. and Anchal- Pachrukhi, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

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

The Deputy Collector, Land Reforms, Siwan.

4.

The Circle Officer, Anchal- Pachrukhi, District- Siwan. 5.

The Superintendent of Police, Siwan.

6.

The S.H.O., Pachrukhi Police Station, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-06-2023 The present writ petition has been filed seeking the following relief:- "That this writ application is being preferred for issuance of appropriate writ(s), preferably in the nature of Mandamus, commanding and directing upon the Respondents authorities, in particularly the Respondent Circle Officer, Pachrukhi, District- Siwan to remove the illegal encroachment from the public land appertaining to Khata No.756, survey No. 755, 756 of Mauza/village-

Patna High Court CWJC No.17197 of 2022(2) dt.20-06-2023 2/3 Ghodhgahiyan, P.O.- Nainpura, P.S. + Anchal- Pachrukhi, District-Siwan which has illegally and forcefully been encroached by some anti-social and influenced persons by making pucca construction and despite apprising the matter before the knowledge of Respondent Circle Officer, Pachrukhi who itself admitted it and intimated to the D.C.L.R., Siwan Sadar in this regard vide letter No. 237 dated 18.2.2021; till date encroachment in question has not been removed as a result of which tension is being prevailed in the villager because petitioner and other villagers who have been given their house under Indira Awas Yojna have no other way to go to their said houses except that public road which has illegally and forcibly been encroached; but the Respondent authorities even after knowing that very situation are sitting tight over the matter. And/or any other order(s), direction(s) for granting any other relief/reliefs which this Hon'ble Court may think fit and proper in the facts and circumstances of this case."

Patna High Court CWJC No.17197 of 2022(2) dt.20-06-2023 3/3 At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law. Liberty, so sought, is granted.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) kanchan/- U