Santosh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18313 of 2023 ====================================================== Santosh Pandey Son of Shri Jayram Pandey, resident of Village - Chotaka Amawan, P.S. Chand, Anchal- Chand, District - Kaimur, Bhabhua. ... ... Petitioner/s

Versus

1.

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

2.

The Collector-cum-District Magistrate, Kaimur, at Bhabhua. 3.

The Additional Collector (Lok Shikayat Niwaran), District Kaimur, at Bhabhua.

4.

The Sub-divisional Officer, Bhabhua, District - Kaimur. 5.

The Land Reforms Deputy Collector, Bhabhua, District Kaimur. 6.

The Circle Officer, Chand Anchal, District Kaimur. 7.

Butai Ram, Son of Late Aatwaru Ram, Resident of Village Chotaka Amawan, Anchal and P.S. Chand, District Kaimur at Bhabhua. 8.

Shivjanam Ram, Son of Khardushan Ram, Resident of Village Chotaka Amawan, Anchal and P.S. Chand, District Kaimur at Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate For the State :

Mr. Raghwanand, GA-11 Mr. Prabhat Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2024 The present writ petition has been filed seeking the following relief:- "1.

That this is an application for issuance of writ, order or direction particularly in the nature of Mandamus, directing the respondent authorities to remove the encroachment from the

Patna High Court CWJC No.18313 of 2023(2) dt.17-05-2024 2/3 Gairmajarua Aam land used as Public Road, pertaining to Khata No. 420, Khesra No. 2564, area 2.90 decimals situated in Mauja: Amawan, Anchal + P.S: Chand, District: Kaimur at Bhabhua which has been encroached by the respondent no. 7 & 8 and others, despite the orders have been passed by the S.D.O. (Lok Shikayat Niwaran), Bhabhua, as well as Additional Collector (Lok Shikayat Niwaran), Bhabhua, District:

Kaimur L.R.D.C., by which the Circle Officer, Chand has been directed to execute the order passed in Encroachment Case No. 11/2017 and Magistrate has been appointed to remove the encroachment on 25.09.2017, despite that the encroachment is still existed on the aforesaid land;."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Kaimur at Bhabhua for enforcement of the final order passed by the Circle Officer, Chand Anchal, District- Kaimur ,if any, in connection with

Patna High Court CWJC No.18313 of 2023(2) dt.17-05-2024 3/3 Encroachment Case No.11 of 2017. Liberty, so sought, is granted.

3.

Accordingly, the writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U