Raj Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19145 of 2024 ====================================================== Raj Kishore Sah, Son of Bishnu Deo Sah, resident of Chalisa Hat, Shiv Mandir Chowk, P.S. Katihar, District Katihar, presently residing at Block A-4, Flat No.202 Soudhamini Apartment, Udayputra, Kaggalipura, Benguluru (Karnataka).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Government of Bihar, Patna.

2.

The Collector-cum-District Magistrate, Katihar. 3.

The Deputy Collector, Land Reforms, Katihar Sadar, Katihar. 4.

The Circle Officer, Katihar Sadar, Dist Katihar. 5.

The Executive Engineer, Katihar Electricity Supply Division, Katihar. 6.

The Assistant Electrical Engineer, Katihar Electricity Supply Division, Katihar.

7.

The Katihar Municipal Corporation, through the Municipal Commissioner, Katihar.

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha, Advocate For the NBPDC :

Mr. Ritesh Kumar, Advocate For Katihar Municipal Corporation :

Mr. Gautam Kejriwal, Advocate Mr. Alok, Advocate Mr. Mukund Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2024 The present writ petition has been filed seeking the following relief:- "1. For issuance of an appropriate writ, order or direction, directing the respondent concerned,

Patna High Court CWJC No.19145 of 2024(2) dt.19-12-2024 2/3 including the Katihar Municipal Corporation, to not interfere with the peaceful possession of the petitioner over 4 decimal land of Plot Nos.11, 15, 16 (Ka), situated at Ward No.25 of Katihar Municipal Corporation Katihar, remove all the illegal construction including Electric Pole from his land and allow him to construct boundary wall over his land as also direct the Respondent Municipal Corporation to pay compensation to the petitioner for the illegal demolition of his old boundary wall."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Katihar for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate petition is filed by the petitioner, before the District Magistrate, Katihar, within a period of four weeks from today, the District Magistrate, Katihar shall conduct an enquiry and ensure that measurement is carried out with regard to the boundary of the land of the petitioner in presence of the petitioner and the authorities of the Katihar Municipal Corporation, whereafter demarcation shall be made and then the District Magistrate, Katihar shall pass a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

Patna High Court CWJC No.19145 of 2024(2) dt.19-12-2024 3/3 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U