Birendra Shaw @ Birendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17541 of 2024 ====================================================== Birendra Shaw @ Birendra Sah Son of Ganulal Sah Resident of Village and P.O. Chochai, P.S. Paroo, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Muzaffarpur, District- Muzaffarpur. 3.

The Sub-Divisional Officer, West Muzaffarpur, District- Muzaffarpur. 4.

The Circle Officer, Paroo, District- Muzaffarpur. 5.

The Station Head Officer, Paroo Police Station, District- Muzaffarpur. 6.

Shviji Shaw, Son of Late Rambaran Shaw, Resident of Village and P.O. Chochai, P.S. Paroo, District- Muzaffarpur.

7.

Manoj Shaw, Son of Late Rambaran Shaw, Resident of Village and P.O. Chochai, P.S. Paroo, District- Muzaffarpur.

8.

Suraj Shaw, Son of Late Shailendra Shaw, Resident of Village and P.O. Chochai, P.S. Paroo, District- Muzaffarpur.

9.

Niraj Shaw, Son of Shivji Shaw, Resident of Village and P.O. Chochai, P.S. Paroo, District- Muzaffarpur.

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

For the Petitioner/s :

Mr.Awnish Kumar, Adv.

For the Respondent/s :

Mr.Standing Counsel 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-11-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent authorities to remove encroachment from Khata No.886, Plot No.3471, situated at Mauza- Chochahi Chapra- 3, Thana No.285 under Paroo Circle of Muzaffarpur

Patna High Court CWJC No.17541 of 2024(2) dt.21-11-2024 2/3 District, which has been encroached by the Respondents No. 6 to 9, resulting in obstruction of the ingress and egress of the petitioner to his house as also causing inconvenience to other passer-by.

(ii). For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent authorities to take appropriate penal action against the Respondents No. 6 to 9 and realize the total cost of encroachment drive from the Respondents No. 6 to 9 on the ground that once encroachment in question had already been removed, nonetheless the Respondents No. 6 to 9 have again encroached the land in question, subsequently.

(iii). For issuance of an appropriate writ in the nature of mandamus, commanding and directing the Respondent no.3 to depute a Magistrate and sufficient number of police force for removal of the encroachment in question, as alleged, in view of request of Respondent No. 4, vide his letter no.735, dated 08.04.2023."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Paroo, District-Muzaffarpur, i.e. the Respondent No. 4, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.17541 of 2024(2) dt.21-11-2024 3/3 3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/- U