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Patna High CourtCWJC/16307/2024disposed

Mithilesh Kumar Yadav v. The State Of Bihar

2024-10-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16307 of 2024 ====================================================== Mithilesh Kumar Yadav S/o Shri Nathuni Yadav, R/O- Ballahpur, P.OBhatwan, P.s-Hasanpur, District-Samastipur, Pincode-848205. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Old Secretariat, Bihar, Patna.

2.

The Additional Chief Secretary, General Administration Department, Old Secretariat, Bihar, Patna.

3.

The Collector cum District Magistrate, Rosera, District-Samastipur. 4.

The Establishment Deputy Collector, Rosera.

5.

The Circle Officer, Rosera.

6.

The Sub Divisional Officer, Hasanpur.

7.

Bihar Human Rights Commission Patna.

8.

Lakshmeshwar Yadav, S/o Late Shivji Yadav, R/O- Ballahpur, P.O- Bhatwan, P.s-Hasanpur, District-Samastipur, Bihar.

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

For the Petitioner/s :

Mr.Vishal Vikram Rana, Adv.

For the Respondent/s :

Dr.Md.Raisul Haque, SC-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-10-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.I. To direct the respondent authorities to initiate a thorough investigation/enquiry into the matter and, after due scrutiny, take necessary steps to remove the encroachment and create a fresh pathway as per the applicable Laws of Land.

II. To issue a writ of mandamus or any other appropriate writ, order, or direction against the respondents for their inaction despite

Patna High Court CWJC No.16307 of 2024(2) dt.28-10-2024 2/2 repeated reminders and representations made by the petitioner, thereby failing to discharge their statutory duties.

III. To issue a notice to Respondent No. 5, the Circle Officer, Rosera, for submitting a false and frivolous report without proper investigation, mechanically disposing of the petitioner's claims, and thereby causing prejudice to the petitioner.

IV. To allow the cost of litigation and suitable compensation for causing harassment to the petitioner."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondents, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U