Hari Bhagwan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23614 of 2019 ====================================================== Hari Bhagwan Sharma Son of Late Dev Lal Sharma Resident of VillageDhobauli, Sahdhulahpur Dhobauli, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The District Magistrate-Cum- Collector Vaishali. 3.

D.D.C, Vaishali.

4.

Sub- Division, Magistrate at Hajipur.

5.

Circle Officer Bidupur, at Vaishali.

6.

Circle Amin, Bidupur, at Vaishali.

7.

The Station House Officer Bidupur, P.S.- Bidupur at Vaishali. 8.

Santosh Singh Son of Sita Ram Singh Resident of Village- Dhobauli, Sahdullahpur, Dhobauli, P.S.- Bidupur, District- Vaishali. 9.

Smt. Rubi Devi, (Member of Panchayat Samiti) Wife of Santosh Singh Resident of Village- Dhobauli, Sahdullahpur, Dhobauli, P.S.- Bidupur, District- Vaishali.

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

For the Petitioner/s :

For the Respondent/s :

Mr. Wasi Ahmad Khan, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-11-2019 Nobody appears on behalf of the petitioner.

2. Learned AC to SC 25 for the State has assisted the Court.

3. The petitioner has moved for the Court for the following reliefs:

" (a) For removal of Encroachment, which was deliberately and forcefully encroached by private

Patna High Court CWJC No.23614 of 2019 dt.29-11-2019 2/3 respondent No. 8 and 9 in collusion with local government bodies over the Raiyati Land of the petitioner by constructing a way (Rasta) for the private respondent No. 8 and 9 himself using Government fund and the bricks of petitioner kept over the land for construction of a house under Indira Awas Yojna, sanctioned in the name of the wife of the petitioner. (b) For a direction to the respondent authority to provide adequate protection to the life and property of the petitioner and his family members as the private respondents are using force to oust the petitioner by any hook or crooks from the Raiyati Land of the petitioner.

(c) For adequate compensation to the petitioner for his mental, physical and economical harassment caused by the respondents by not taking any immediate action on the application made by the petitioner and his wife and as a result of which the private respondents have filed several criminal proceeding against the petitioner by himself or by projecting their goons.

(d) For any other order or orders which this Hon'ble Court may deem fit and proper under the circumstances of this case."

4. Learned counsel for the State submitted that admittedly the private respondents are alleged to have encroached upon the private land of the petitioner and in such view of the matter, the authorities cannot intervene as the petitioner has to

Patna High Court CWJC No.23614 of 2019 dt.29-11-2019 3/3 move before the Civil Court of competent jurisdiction for redressal of his grievance.

5. Having considered the matter, the Court does not find any merit in the present application and accordingly, the same stands dismissed.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U