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Patna High CourtCWJC/16367/2023disposed

Bablu Yadav v. The State Of Bihar

2024-04-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16367 of 2023 ====================================================== Bablu Yadav S/o- Ram Chandra Yadav Resident of Village- Kasaha, Semaria, Post Office- Semaria Ghat, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Collector- Cum- District Magistrate, Begusarai. 3.

The Sub- Divisional Officer, Begusarai.

4.

The Circle Officer, Barauni, District- Begusarai. 5.

Mukesh Yadav, S/o Late Bheem Yadav Resident of Village- Kasaha, Semaria Post Office- Semaria Ghat, P.S.- Barauni, District- Begusarai. 6.

Sudheer Yadav, S/o Late Rudal Yadav Resident of Village- Kasaha, Semaria Post Office- Semaria Ghat, P.S.- Barauni, District- Begusarai. 7.

Saheb Yadav, S/o- Late Jagdish Yadav Resident of Village- Kasaha, Semaria Post Office- Semaria Ghat, P.S.- Barauni, District- Begusarai. 8.

Uma Kant Yadav, S/o Late Ramdhani Yadav Resident of Village- Kasaha, Semaria Post Office- Semaria Ghat, P.S.- Barauni, District- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ebadur Rahman Shakeb, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-04-2024 Heard the parties.

2. The petitioner has moved the Court for the following reliefs:

"That this writ application is being filed for issuance of an appropriate writ /writs, order /orders, command /commands, direction /directions, including the writ in the nature of mandamus to commanding /directing official respondents to get remove the encroachment from the village internal road pertaining to Khata No.459 and 458 and survey plot no.3974, 4408, 4517, 4437, 4578, 4330 and 4323 situated at village Kasaha P.S. Barauni,

Patna High Court CWJC No.16367 of 2023(2) dt.22-04-2024 2/2 Dist. Begusarai which was encroached by respondent no.5 to 8 and for grant of other relief or reliefs in the facts and circumstances of the case."

3. The Circle Officer, Barauni is directed to dispose of the representation dated 06.12.2022 in accordance with law. If he finds that there is any encroachment then he shall issue notice to the alleged encroachers i.e., respondent nos. 5 and 8 and any other encroacher and thereafter, the encroachment case shall be disposed of after hearing both the sides.

4. If the alleged encroachers after appearance pray for fresh measurement, a fresh measurement shall be done in presence of the alleged encroachers.

5. This application stands disposed of.

(Sandeep Kumar, J) P. Kumar U