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Patna High CourtCWJC/60/2024disposed

Ram Udit Yadav v. The State Of Bihar

2024-06-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.60 of 2024 ====================================================== Ram Udit Yadav Son of Late Rampati Yadav, Resident of Village- Bharub, P.S.- Obra, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner.

2.

The District Magistrate, Aurangabad.

3.

The Sub- Divisional Officer, Daudnagar, Aurangabad. 4.

The D.C.L.R. Daudnagar, Aurangabad.

5.

The Circle Officer, Obra, Aurangabad.

6.

Gupteshwar Gupta, Son of Sri Baliram Sao, Resident of Village- Bharub, P.S.- Obra, District- Aurangabad.

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy (GP- 18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the instant writ application has been filed for issuance of a writ in the nature of mandamus directing the concerned authority to remove the encroachment over Gali (Road) which is used as Aam Rasta in village Bharub in Khata no. 364. Plot No. 2867 Area 77 decimals which has been encroached by the private respondent and in spite of several representation given by the petitioner and villagers no action is being taken."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle

Patna High Court CWJC No.60 of 2024(2) dt.24-06-2024 2/2 Officer, Obra, District-Aurangabad, for redressal of his aforesaid grievances.

3. Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to grant liberty to the petitioner to file appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, before the Circle Officer, Obra, District-Aurangabad, and in case such a petition is filed within a period of two weeks from today, the same shall be considered, in accordance with law and appropriate action shall be taken, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U