Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17812 of 2024 ====================================================== Ashok Kumar Singh S/o Raghunath Singh, Resident of D.S. College Road, Shivnagar, Nahar Ke Purav, P.S.- Kathiar, District - Kathiar, Bihar- 854105. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Education Department, Government of Bihar, Patna.

2.

The Director, Primary Education, Education Department, Government of Bihar, Patna.

3.

The Commissioner, Saran Division, Chapra.

4.

The District Magistrate, Saran, Chapra.

5.

The District Programme Officer, Primary Education and Sarv Shiksha Abhiyan, Saran.

6.

The Circle Officer, Anchal- Chapra, Saran, District- Saran. 7.

The Head Master, Nav Srijit Primary School, Harijan Basti Bishmipura, Ward No. 3, Chapra, Sadar, District- Saran.

8.

Ram Pujan Ram, Son of Late Lalji Ram, Resident of Village Bishnupura, Police Station- Gultenganj, Police Station- Chapra, Mufassil, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Sarvesh Kr. Singh, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ/writs, order/orders, direction/directions or a writ in the nature of Mandamus for directing the respondents to remove the illegal encroachment made over the land of Nav Srijit Primary School, Harijan Basti Bishunpura, Ward No.3, Chapra, Sadar, DistrictSaran, which has been encroached by respondent no.8 in illegal and unauthorized manner.

(ii) For issuance of an appropriate writ in the

Patna High Court CWJC No.17812 of 2024(2) dt.25-11-2024 2/2 nature of Mandamus or any other writ/writs, order/orders, direction/directions commanding the respondents to redesignate the name of the aforesaid school in the name of the donor i.e. Ram Bahadur Singh Nav Srijit Primary School, Harijan Basti Bishunpura, Ward no.3, Chapra, Sadar, District-Saran."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Chapra, District-Saran, i.e. the respondent no.6 to initiate encroachment proceedings to remove the encroachment made over the land of Nav Srijit Primary School, Harijan Basti Bishunpura, Chpara.

3. Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to grant liberty to the petitioner to approach the respondent no.6 by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956 and in case such a petition is filed within a period of four weeks from today, the respondent no.6 shall examine the same, in accordance with law and if warranted, shall initiate encroachment proceedings, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U