Abhay Nath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16247 of 2024 ====================================================== Abhay Nath Jha S/o Late Vishawnath Jha, resident of Village- Madhukarchak, P.S. and Anchal- Bihariganj, District- Madhepura. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Land and Revenue Department, Government of Bihar, Patna.

3.

The Collector- Cum- District Magistrate, Madhepura. 4.

The Circle Officer, Bihariganj, District- Madhepura. 5.

Mantun Sah, S/o Late Badri Sah Resident of Village- Madhukar Chak, P.S. and Anchal- Bihariganj, District- Madhepura.

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the State :

Mr. Harun Quareshi, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-10-2024 The present writ petition has been filed seeking the following reliefs:- "1 (i) For issuance of a writ in the nature of mandamus commanding or directing or ordering the respondent No.4, i,e. the Circle Officer, Bihariganj to initiate a proceeding under the provisions of the Bihar Public Land Encroachment Act, 1956, against the Respondent No.5, who has encroached illegally a part of the public road, which is a government land, appertaining to new Khata No. 731, New Plots No. 630 and 644, which is a public road starting from village Parmanadpur and going to Village Gamail and the same is under the Road Construction

Patna High Court CWJC No.16247 of 2024(2) dt.23-10-2024 2/2 Department, Govt. of Bihar, Patna.

ii. For issuance of a writ, in the nature of mandamus, commanding/ directing/ ordering the respondent No. 4 to take penal action against the encroacher-respondent No.5."

2.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to approach the Circle Officer, Bihariganj, District-Madhepura, for redressal of his aforesaid grievances. Liberty, so sought, is granted. 3.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U