Lakshman Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17032 of 2024 ====================================================== Lakshman Prasad Son of Late Ganesh Prasad, Resident of villageChampapur, P.S. - Ramgarhwa, District - East Champaran (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reform, Govt. of Bihar, Patna. 2.

The District Magistrate, East Champaran at Motihari. 3.

The Sub-Divisional Officer, Raxaul, East Champaran. 4.

The D.C.L.R, Raxaul, East Champaran.

5.

The Circle Officer, Ramgarhwa, East Champaran. 6.

Subhash Prasad, Son of Late Baidyanath Prasad, Resident of VillageChampapur, P.S. Ramgarhwa, District - East Champaran (Bihar). 7.

Brij Kishor Prasad, Son of Late Baidyanath Prasad, Resident of VillageChampapur, P.S. Ramgarhwa, District - East Champaran (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tejendra Sinha, Advocate For the Respondent/s :

Addl. Advocate General (04) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2024 The present writ petition has been filed seeking the following relief:- "1 (i) For issuance of an appropriate Writ/Writs in the nature of Certiorari commanding and directing the respondents to remove the encroachment made over the Gairmajarua Aam(Road) land, appertaining to Plot No.4668, Khata No. 14, situated at villageChampapur (Ramgarhwa), East Champaran for which an Encroachment Case No.04/2021-22 was initiated and has been decided in favour of

Patna High Court CWJC No.17032 of 2024(2) dt.13-11-2024 2/3 the petitioner.

The District Magistrate, East Champaran has issued Letter No 4021142442 dated 20.07.2024, directing the Circle Officer, Ramgarhwa to remove the encroachment and has further directed the D.C.L.R., Raxaul to monitor the matter. The District Magistrate, East Champaran has also directed the Sub-Divisional Officer, Raxaul to make available police force and ordered that if encroachment is not removed, then the D.C.L.R., Raxaul will initiate departmental proceeding against the Circle Officer, Ramgarhwa.

Till date neither encroachment has been removed nor any action has been taken against the erring officials."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, District-East Champaran, for redressal of his aforesaid grievances. Liberty, so sought, is granted. 3.

It is needless to state that in case the petitioner approaches the District Magistrate, District-East Champaran, by filing appropriate representation, within a period of four weeks from today, the same shall be considered and disposed off by a reasoned and a speaking order, in

Patna High Court CWJC No.17032 of 2024(2) dt.13-11-2024 3/3 accordance with law, within a period of four weeks, thereafter.

4.

Accordingly, the present writ petition stands disposed off.

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