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Patna High CourtCWJC/573/2023disposed

Prasadi Singh @ Prasadi Mahato v. The State Of Bihar

2023-09-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.573 of 2023 ====================================================== Prasadi Singh @ Prasadi Mahato S/o Late Gholti Singh, R/o Ward No. 7, Korchhaka, PS Nawgachhiya, District Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Land Reforms, New Secretariat, Government of Bihar, Patna.

2.

The Deputy Secretary Revenue and Land Reform, Govt. of Bihar, Patna. 3.

The Collector, Bhagalpur.

4.

The Sub Divisional Magistrate Naugachhiya, District Bhagalpur. 5.

The Deputy Collector Land Reforms, District Bhagalpur. 6.

The Circle Officer Naugachhiya, District Bhagalpur. 7.

Brajesh Kumar, S/o Brahmdeo Singh, R/o Village Korchhaka, P.S. Naugachhiya, District Bhagalpur.

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

For the Petitioner/s :

Mr.Chandra Kant For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2023 The present writ petition has been filed seeking the following reliefs:- "(1). For issuance of an appropriate Writ in the nature of mandamus commanding the respondent particularly the District Magistrate, Bhagalpur, respondent no.3 to issue Basgit Purcha in favour of the petitioner inter alia more than 70 family members are residing on the land of Bihar Government bearing Mouza-

Patna High Court CWJC No.573 of 2023(2) dt.19-09-2023 2/3 Pratap Nagar, Thana No. 124, Khata No. 4154 and Khesra No. 13815, area 912 sqft of Circle Naugachia District- Bhagalpur since decades i.e. since 1975 on account of erosion of Koshi river.

(II). For issuance of an appropriate Writ in the nature of mandamus commanding the respondents not to disturb the residing of the petitioner on Mouza- Pratap Nagar, Thana N.

124 Khata No. 4154, and Khesra No. 13815 area 912 sqft.

(III). For issuance of appropriate writ/writs, order/orders in nature of mandamus directing respondent no 6 to drop the proceeding of encroachment case no 7/21-22."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Bhagalpur for redressal of his aforesaid grievances. Liberty so sought is grated.

3.

It is needless to state that in case appropriate representation is filed before the District Magistrate, Bhagalpur, within a period of four weeks from today, he shall consider and dispose off the same, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

Patna High Court CWJC No.573 of 2023(2) dt.19-09-2023 3/3 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U