Sita Ram Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16786 of 2023 ====================================================== Sita Ram Jha S/o Late Gorakh Nath Jha @ Gorakh Jha, resident of village - Hasni, P.S.- Mohiuddin Nagar, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Home, Bihar, Patna. 2.

The District Magistrate, Samastipur.

3.

The Sub-Divisional Magistrate, Patori, District - Samastipur. 4.

The Circle Officer, Mohiuddin Nagar, District - Samastipur. 5.

The Station House Officer, P.S. - Mohiuddin Nagar District - Samastipur. 6.

Devendra Sharma, S/o Late Ram Bilas Sharma, resident of village - Hasni, P.S. - Mohiuddin Nagar, District - Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Suneil Kumar Thakur, Advocate For the Respondent/s :

Mr.Md. Raisul Haque (SC-10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ in the nature of Mandamus commanding and directing the respondent authorities to remove the encroachment caused by the private respondent no. 6 namely Devendra Sharma on the road i.e. Public Land, situated at the adjacent southern portion of the land of the petitioner bearing Plot Nos. 349 & 323 falling under Khata Nos. 110 & 93 respectively

Patna High Court CWJC No.16786 of 2023(2) dt.14-05-2024 2/3 measuring a total area of 33.6 decimals, situated under Mauza Hansi, Circle and P.S.- Mohinuddin Nagar in the District of Samastipur, having its boundary as from NorthRam Umed Mahto, Souh-Road, EastBorder of Mauza Mogalchak & WestDinesh Sharma by erecting some thatched houses / PALANI and keeping bovines thereon, causing hindrance to the persons passing through the aforesaid thoroughfare and/or for issuance of any other writ / writs, order / orders, direction/directions for which the petitioner may be found legally entitled to be in the facts and circumstances of the case."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Mohiuddin Nagar, District-Samastipur, to consider the petition filed by the petitioner on 11.09.2023, which has been annexed as Annexure-P/1 to the present writ petition and take appropriate action in accordance with law, forthwith.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid petition is still pending consideration, the

Patna High Court CWJC No.16786 of 2023(2) dt.14-05-2024 3/3 same would definitely be considered and appropriate action, in accordance with law, shall be taken forthwith. It is directed accordingly. 4.

The writ petition stands disposed off.

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