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Patna High CourtCWJC/289/2023disposed

Suresh Kumar Mahto v. The State Of Bihar

2023-06-20Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.289 of 2023 ====================================================== Suresh Kumar Mahto S/o Ram Prasad Mahto, Resident of Village- Banauli, P.S.- Simri, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary, Rural Works Department, Government of Bihar, Patna.

2.

The District Magistrate, Darbhanga.

3.

The Circle Officer, Singhwada, Darbhanga.

4.

The Officer-in-charge, Simri, Darbhanga.

5.

The Mukhiya, Gram Panchayat Raj Banauli, Singhwada, Darbhanga. 6.

The Deputy- Mukhiya, Gram Panchayat Raj Banauli, Singhwada, Darbhanga.

7.

The Panchayat Secretary, Gram Panchayat Raj Banauli, Singhwada, Darbhanga.

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

For the Petitioner/s :

Mr. Jay Prakash Singh, Adv.

For the Respondent/s :

Mr. Archana Meenakshee, ( GP- 6 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present Writ petition has been filed to remove the P.C.C. Road, which has been forcefully constructed on the Raiyati Land of the Petitioner bearing Thana No. 148, Khata No.92, 116 (Old), Khesara No.121, 122 (Old), 113 (New), Total Area-2 dhur, under Mauza- Banauli, Anchal- Singhwada, District- Darbhanga.

3. Counsel for the petitioner submits that he filed the

Patna High Court CWJC No.289 of 2023(2) dt.20-06-2023 2/2 representation before the Circle Officer, Singhwada, the S.H.O., Simri and he sent the copy of the same to the District Magistrate, Darbhanga on dated 24.11.2022, but till date no action has taken place.

4. Counsel for the State submits that no application has been filed before the District Magistrate directly.

5. In this view of the matter, petitioner is directed to file a representation before the District Magistrate within four weeks and the District Magistrate is directed to pass appropriate order within six weeks from today. And if District Magistrate finds that petitioner's land has been encroached then appropriate order shall be passed, taking the petitioner into confidence.

6. With the aforesaid direction, this writ petition is hereby disposed off.

(Dr. Anshuman, J.) Ashishsingh/- U