Chandradev Mahto @ Chandradev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17065 of 2023 ====================================================== Chandradev Mahto @ Chandradev Singh Son of Munilal Mahto Resident of Village- Bhakua, Ward No.- 13, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Madhubani.

4.

The Superintendent of Police, Madhubani.

5.

The Deputy Collector, Land Reforms (DCLR), Madhubani Sadar, DistrictMadhubani. 6.

The Circle Officer, Khajauli, District- Madhubani. 7.

The Station House Officer (SHO), P.S.- Khajauli, District- Madhubani. 8.

Pawan Kumar Gupta, Son of Late Nandlal Gupta Resident of Village- Sukki, P.S.- Khajauli, District- Madhubani.

9.

Jaynandan Prasad @ Domi Yadav, Son of Late Ganga Prasad Yadav Resident of Village- Chatra South, P.S.- Khajauli, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( SC-25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024 The present writ petition has been filed seeking the following reliefs:- "1 (I) For a direction upon the State Respondents to implement the order dated 09.10.2017 passed by the Deputy Collector, Land Reforms in short DCLR, Madhubani Sadar in Case No. 13/2017-18 (II) For a direction upon the State

Patna High Court CWJC No.17065 of 2023(2) dt.21-06-2024 2/3 Respondents to immediately act upon the report submitted by the Circle Officer before the DCLR, Madhubani vide Letter No. 617 dated 04.06.2015.

(III) For a direction upon the Respondent Nos. 3, 4 and 7 to grant police protection upon the road land from being encroached by the illegal encroacher and also for protection to the life of the petitioner and his family members for which he and his son had already earlier given several representations before the concerned authorities but till date no action has been taken by them.

(IV) For direction upon the Respondents to immediately stop illegal construction of puсса house being made upon the 10 feet width road land in question by the Respondent No. 9.

(V) For a direction upon the Respondent Nos. 3, 4, and 7 to immediately remove the encroachment of the road/land in question (VI) For a direction upon the State Respondent to stop Mutation of the land purchased in the name of Jaynandan Prasad @ Domi Yadav by Pawan Kumar Gupta vide Registered Sale Deed No. 6837 dated 02.11.2016

Patna High Court CWJC No.17065 of 2023(2) dt.21-06-2024 3/3 for 7 Dhurs & 12 1⁄2 Kanma lands i.e 1.698 Decimels pertaining to Khata No. 212 & 224; old Khesra No. 535 & new Khesra No. 769; Thana No. 89;

Mouza Maina; Anchal Khajauli and District - Madhubani.

(VII) For a direction upon the State Respondent to cancel the Sale Deed No. 6837 dated 02.11.2016 which has been illegally sold and executed by changing the nature, periphery and directions of the colony road land."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to seek redressal of his grievances by invoking Section 15 of the Bihar Land Dispute Resolution Act, 2009, for the purposes of execution of the order dated 09.10.2017 passed by the competent authority cum Deputy Collector Land Reforms, Sadar Madhubani in Case No. 13 of 201718. Liberty so sought is granted. 3.

The writ petition stands disposed off.

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