Jivachh Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18629 of 2023 ====================================================== 1.

Jivachh Kumar Mandal son of Budhan Mandal, resident of VillageChanipur, Post-Basudeopur, P.s. Laukaha, District-Madhubani. 2.

Nathuni Singh, son of Late Nanu Singh, resident of Village-Chanipur, PostBasudeopur, P.s. Laukaha, District-Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, General Administration Department, Government of Bihar, Patna.

2.

The Chief Secretary, General Administration Department, Government of Bihar, Patna.

3.

The Chief Secretary, The Revenue and Land Reforms Department, Bihar, Patna.

4.

The Principal Secretary, Panchayati Raj, Government of Bihar, Patna. 5.

The District Magistrate, Madhubani.

6.

The Dy. Development Commissioner, Madhubani.

7.

The Sub Divisional Officer, Phulparas, Dist. Madhubani. 8.

The Circle Officer, Khutauna, Dist. Madhubani. 9.

The Superintend of Police, Madhubani.

10.

The Block Co-operative Officer, Khutauna, Dist. Madhubani. 11.

The S.H.O. Khutauna, Madhubani.

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

For the Petitioner/s :

Mrs.Mira Kumari For the Respondent/s :

Mr.Anjani Kumar ( AAG- 4 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For setting aside the order dated 13.08.2023, issued vide memo no.413 by the Sub Divisional Officer, Phulparas Madhubani, under the signature of the Sub Divisional Officer, Phulparas, by which a decision has been taken to depute Sri Harshwardhan as Block Co-operative

Patna High Court CWJC No.18629 of 2023(3) dt.10-09-2024 2/3 Officer Khutauna to complete the work of Gherabandi of Bishanpur Kabristan in Chanipur Ward No.11 in Panchayat - Basudevpur, in presence of S.H.O. Laukaha.

(ii) For setting aside letter no. 942 dated 06/08/022, issued by the Circle Officer, Khutauna, who has submitted demarcation report of the land for Bishanpur Kabristan situated at Chanipur Ward No.11 in Panchayat/Mauza- Basudevpur, Thana No. 25 Khata No. 319 Khesra No. 4506 (old) Khesra No. 5079(new) area about 2 Bigaha, 12 Katha, 13 Dhur, shown as Anabad Sarvsadharan in Khatiyan, on the order of the respondent Dy. Development Commissioner, Madhubani vide letter no. 575 dated 06.07.2022 with a statement that there is no objection for gherabandi of Bishanpur Kabristan and other kabristan.

(iii) For a direction to the respondents to stop the work of Gherabandi of land shown as Anabad Sarvsadharan in Kahtiyan of Chanipur Ward No.11, Basudevpur Panchayat for Bishanpur kabristan."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Madhubani, for redressal of their aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate

Patna High Court CWJC No.18629 of 2023(3) dt.10-09-2024 3/3 petition is filed by the petitioners, before the District Magistrate, Madhubani, within a period of four weeks from today, the District Magistrate, Madhubani, shall consider the same and pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

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

(Mohit Kumar Shah, J) sonal/- U