Kamleshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17342 of 2024 ====================================================== 1.

Kamleshwari Yadav Son of Late Bhutay Yadav Resident of Dumariya (Balwa), Ward no. 8, P.S. - Supaul, Block - Supaul, District - Supaul, StateBihar. 2.

Ganga Yadav Son of Late Anant Yadav Resident of Dumariya (Balwa), Ward no. 8, P.S. - Supaul, Block - Supaul, District - Supaul, State-Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Govt. of Bihar, Patna.

2.

The Director, Land Acquisition and Rehabilitation Department, Government of Bihar, Patna.

3.

The District Magistrate Cum Collector, Supaul 4.

The Sub-Divisional Magistrate, Supaul, District-Supaul, 5.

The Rehabilitation Officer, Koshi Project, Supaul, District-Supaul, 6.

The Circle Officer, Supaul, District-Supaul, 7.

Surendra Yadav @ Chhotu Yadav Son of Jageshwar Yadav Resident of Village-Noabakhar, P.S.-Kishanpur District-Supaul, at Present Residing in Kharail Malhad Punarwas Layout no. 603 P.O. and P.S. and Block and District-Supaul, Bihar.

8.

Surya Narayan Yadav Son of Shiv Nandan Yadav Resident of VillageNoabakhar, P.S.-Kishanpur District-Supaul, at Present Residing in Kharail Malhad Punarwas Layout no. 603 P.O. and P.S. and Block and DistrictSupaul, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kuldeep Kumar, Advocate For the Respondent/s :

Mr. Ravish Chandra, AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-11-2024 The present writ petition has been filed seeking the following reliefs:- "1. (i) For Issuance of a direction, order or writ, including writ in the nature of MANDAMUS for

Patna High Court CWJC No.17342 of 2024(2) dt.18-11-2024 2/3 directing/commanding the respondent authorities especially the respondent nos. 4 & 6 to comply with the final order dated 10.10.2022, passed by the Ld. Court of Collector, Supaul in Encroachment Appeal Case No.2/2021 (Annexure- P/4), whereby the learned Collector, Supaul has affirmed the final order dated 13.08.2021, passed by the Circle Officer, Supaul in Encroachment Case No. 5/2020 and further directed the Circle Officer to fully comply with the order passed by the Hon'ble High Court at the earliest.

(ii) For Issuance of a direction or writ in the nature of Mandamus specially upon the respondent no. 3 (The Collector, Supaul) to execute the order dated 10/10/2022, passed by him (Collector) in Encroachment Appeal case No. 2/2021, without any further delay and remove the illegal encroachment from the rehabilitation site (layout no. 603 Kharail Malhad Punarwas)."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Collector, Supaul for enforcement of his order dated 10.10.2022 passed in Encroachment Appeal Case No. 2 of 2021. Liberty,

Patna High Court CWJC No.17342 of 2024(2) dt.18-11-2024 3/3 so sought, is granted.

3.

The present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U