Jagar Nath Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24212 of 2019 ====================================================== Jagar Nath Mahto Son of Late Raghu Nath Mahto, Resident of Lakshmanpur Math, Koiri Tola, P.O.- Guljarbag, P.S. Alamganj, District- Patna. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

The District Magistrate, Patna.

3.

The Sub Divisional Officer, Patna City.

4.

The Senior Superintendent of Police, Patna.

5.

The Deputy Superintendent of Police, Alamganj, Patna City. 6.

The Circle Officer, Sadar Patna.

7.

The Officer Incharge, Alamganj, Patna City.

8.

Rajiv Kumar, S/o Amrendra Kumar, resident of Navin Colony, Aadiwasi Colony, P.S. Alamganj, District- Patna.

9.

Reena Kumari, W/o Dhananjay Kumar, resident of Navin Colony, Aadiwasi Colony, P.S. Alamganj, District- Patna.

10.

Bittu Sharma, S/o Binod Sharma, resident of Navin Colony, Aadiwasi Colony, P.S. Alamganj, District- Patna.

11.

Siddeshwar Singh @ Sharmaji, S/o Dukhit Sharma, resident of Navin Colony, Aadiwasi Colony, P.S. Alamganj, District- Patna. 12.

Bidyanti Chaudhary, W/o Yogendra Chaudhary, resident of Navin Colony, Aadiwasi Colony, P.S. Alamganj, District- Patna. 13.

Arun Sharma, S/o not known, Ward Parishad, Ward No. 54, Resident of Bajranjpuri Nahar Road, P.S. Alamganj, District- Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Jagarnath Mehta Mr.Anuj Dilbar Krishna For the Respondent State:

Mr. Mukul Prasad, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-12-2019 The petitioner has a grievance that his private land is being attempted to be utilized for drainage purpose leaving out a public land, which is available at Mauza Sandalpur, Aadiwasi Colony in the district of Patna. The description of the land has

Patna High Court CWJC No.24212 of 2019(2) dt.06-12-2019 2/2 been given as Khata No. 640, Plot No. 1271 and 1273. This Court, in a proceeding under Article 226 of the Constitution of India, may not record a finding, based on affidavits, that the land in question is private land of the petitioner, which is being attempted to be utilized forcibly by the respondents for construction of drainage. The petitioner has remedy by making an application before the appropriate Public Grievance Redressal Officer under Bihar Right to Public Grievance Redressal Act, 2015. This application is accordingly disposed of with an observation that the petitioner shall be at liberty to approach appropriate forum in accordance with law.

(Chakradhari Sharan Singh, J) Pawan/- U