Kamlesh Yadav @ Kamlesh Jadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16433 of 2024 ====================================================== Kamlesh Yadav @ Kamlesh Jadav Son of Siyasharan Yadav @ Siya Saran Yadav, Resident of Village- Neori, P.S- Biraul, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Darbhanga cum Second Appellate Authority, Darbhanga.

2.

The Additional Collector, Darbhanga cum First Appellate Authority, Darbhanga.

3.

The Sub Divisional Officer cum Public Grievance Redressal Officer, Darbhanga.

4.

The Superintendent of Police, District- Darbhanga. 5.

The Circle Officer, Biraul, District- Darbhanga. 6.

The S.H.O, Biraul, P.S.- Biraul District- Darbhanga. 7.

Ram Parikshan Yadav, Son of Late Jogi Yadav resident of village- Neori P.SBiraul, District- Darbhanga. 8.

Harish Chandra Jha, Son of Digambar Jha resident of village- Neori P.SBiraul, District- Darbhanga. 9.

Ghuran Yadav, Son of Dev Narayan Yadav resident of village- Neori P.SBiraul, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar, Adv.

For the Respondent/s :

Mr.Government Advocate (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-10-2024 The present writ has been filed seeking the following reliefs:- "1(i). For issuance of writ in the nature of mandamus commanding and directing the respondent authorities to comply with the order dated 19.09.2022, passed in Unique Registration No. 999960118082194789/2A, by the learned District Magistrate, Darbhanga, i.e. respondent no.- 1, whereby and whereunder the respondent

Patna High Court CWJC No.16433 of 2024(2) dt.28-10-2024 2/2 no.-1 has directed the Circle Officer, Biraul to remove the encroached public road from the encroachment made by respondents no. 7 to 9 within one month and in case police force is required to remove the encroachment, the Circle Officer, Biraul has been directed to make requisition for the same from the Sub-Divisional Officer, Biraul. However, till date, the Circle Officer has not complied with the said order leading to hindrance being caused to the petitioner in his ingress and egress from his residential house.

(ii). For issuance of writ commanding the respondents to remove the encroachment made over the public land i.e. road, which has been encroached by the respondents no. 07 to 09."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Darbhanga, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U