Ravindra Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2291 of 2020 ====================================================== Ravindra Nath Singh S/o N.K. Singh Resident of Village- Dubauli, Thathopur, P.s.- Baheri, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reform, Survey, Patna 2.

The Collector Samastipur 3.

The S.D.O. Rosera, Samastipur 4.

The Circle Officer Rosera, Samastipur 5.

Chandan Kumar S/o Late Akhileshwar Singh Resident of Village- Mahthi, P.s.- Bibhutipur, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prahalad Kumar Bhagat, Advocate For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For issuance of an appropriate writ/writs or direction commanding and directing the respondents to remove encroachment made over public land, admeasuring 2 bigha 11 Katha 11 dhur, situated at Tauji No.6424, Khata No.105, Khesra No.102, 120 old, New Khesra No.191, Thana No.69, located outside the town of Rosera, village- Rusera, P.S.- Rosra, District-Samastipur.

The said land has been gifted in the name of Governor of Bihar, through the Block Education Officer, Rosera, Samastipur, by Mahanth Vidya Nand Das on 06.01.1984 for public purpose but one Mahanth Vidya Nand Shastri, for his personal purpose, has given the said land on rent to the respondent no.5 for opening a Hotel and to others on lease for opening shop for selling sand and stone

Patna High Court CWJC No.2291 of 2020(3) dt.04-12-2024 2/2 chips.

For removal of the encroachment, the petitioner and other persons have filed representation before the Collector, Samastipur and C.O. Rosra, Samastipur, but they are not paying any head.

(ii) Further for issuance of an appropriate writ or direction upon the respondents to take appropriate decision in accordance with law on the representation of petitioner."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Rosera, Samastipur 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 Circle Officer, Rosera, Samastipur within a period of three weeks from today, the Circle Officer, Rosera, Samastipur shall consider the same, in accordance with law and after hearing the affected parties, shall pass a reasoned and a speaking order, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U