Narendra Mishra, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19440 of 2024 ====================================================== Narendra Mishra, Son of Late Janak Deo Mishra, Resident of VillageNarainiya, P.S. Mirganj, District- Gopalganj. ... ... Petitioner/s
Versus
1.
The State of Bihar through Principal Secretary, Land Reform and Revenue Department, Patna (Bihar).
2.
The Commissioner, Saran Division at Chapra.
3.
The District Magistrate-cum-Collector, Gopalganj. 4.
The Additional District Magistrate, Gopalganj. 5.
The S.D.O., Hathua, Gopalganj.
6.
The Circle Officer, Hathua, Gopalganj.
7.
The Executive Officer, Nagar Parishad, Mirganj, Gopalganj. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arbind Kumar Singh For the Respondent/s :
Mr.Government Advocate (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 09-01-2025 In the instant petition, petitioner has prayed for the following relief(s):- (i) For a direction to concerned authority to demarcation the land of Khata No.43, Khesra No.39, 90, 316 and 317 belongs to Baba Haridas Chela Mahabir Das, Community- Bairagi, Mahanth Ramjanki Mandir, Naraiyania thereafter removed the encroachment made by the encroachers and also resolve the disputes arised between the party concern.
(ii) Pass any order/orders deem fit and proper in
Patna High Court CWJC No.19440 of 2024 dt.09-01-2025 2/3 the facts and circumstances of the case.
2. Learned counsel for the petitioner submits that Executive Officer, Mirganj, Gopalganj issued a letter vide Memo No. 488 dated 22.08.2023 (Annexure P/3) to depute Amin namely Rajendra Sah, Nagar Parishad, Mirganj for measurement of the land bearing Khata No. 43, Khesra No. 39, 90, 316 and 317 belongs to Baba Haridas Chela Mahabir Das, Community - Bairagi, Mahanth Ramjanki Mandir, Naraiyania situated at Village - Naraiyania, P.S. - Mirganj, District - Gopalganj. He further submits that petitioner has limited grievance that Annexure - P/3 has not been complied as yet, though, in prayer clause, petitioner has made prayer for demarcation and removal of encroachment from the land in question.
3. Learned counsel for the State has questioned locus standi of the petitioner that he is neither Mahant nor office bearer of the management committee of Math. He, however, submits that petitioner may file petition for execution of order passed by the Executive Officer, Nagar Parishad, Mirganj, Gopalganj.
4. In the light of the facts and circumstances of the present case, the present writ stands disposed of .
Patna High Court CWJC No.19440 of 2024 dt.09-01-2025 3/3
5. However, the disposal of the writ would not be a hurdle for the petitioner to represent before the concerned authority for execution of the order issued by the Office, Nagar Parishad, Mirganj as mentioned in Annexure- P/3 of the writ petition, within four weeks from the date of receipt of this order. If petition is filed within the stipulated period, the concerned authority may pass appropriate order after hearing the parties concerned, within a reasonable period of time. (Alok Kumar Pandey, J) alok/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.01.2025.
Transmission Date N/A