Raj Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16282 of 2023 ====================================================== Raj Kumar Prasad Son of Late Badri Sah, Resident of Mohalla- Baniapatti, P.O.- Motihari Town, P.S.- Motihari Town, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Motihari, East Champaran. 3.

The Senior Deputy Collector, District Revenue Section, Motihari, East Champaran.

4.

The Sub Divisional Officer, Sadar Motihari, East Champaran. 5.

The Circle Officer, Sadar Motihari, East Champaran. 6.

The Amin, Anchal, Motihari, East Champaran.

7.

Halim Miya, Son of Late Punam Miya, Shop No. 145, Mina Bazar, Motihari, East Champaran.

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

For the Petitioner/s :

Mr.Pravin Kumar, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) For the Pvt. Resp.

:

Mr.Asil Kalim, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) To direct the respondent-authorities to take action on the order which was passed by the respondents No. 2 and 3 in favour of the petitioner.

(ii) To direct the respondent no.5 to evacuate the way of shop No. 146 which was encroached by the Respondent No.7.

(iii) To ask explanation-cum-show cause

Patna High Court CWJC No.16282 of 2023(6) dt.10-09-2024 2/3 from the respondent No.5, when the Respondents No. 2 and 3 passed order to evacuate the way of petitioner's shop No.146 in Mina Bazar and directed the respondent No.5 to take police force and Magistrate to evacuate the way of Shop No.146 situated in Mina Bazar.

Then under which capacity respondent No.5 not evacuate the way of the Shop No.146 in Mina Bazar, Motihari.

(iv) To ask explanation-cum-show cause from the Respondent No.7 when the Respondent Nos. 2 and 3 passed order on 20.04.2022 vide Memo No.191 (Annexure-7 Series) dated 22.04.2022 vide Memo No.767 (Annexure-7 Series) which is order of Respondent No. 4 and the order of the Respondent No.3 order dated 24.2.2023 (Annexure-7 Series) 13.4.2023 vide Memo No.1602 respectively. Why not comply by you, i.e. respondent by the respondent No.5."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sadar Motihari, District-East Champaran, for redressal of his aforesaid grievances. Liberty so sought is granted.

Patna High Court CWJC No.16282 of 2023(6) dt.10-09-2024 3/3

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

(Mohit Kumar Shah, J) sonal/- U