Yuktilal Sahu @ Yukti Lal Sahu @ Yuktilal Sah @ Yukti Lal Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.264 of 2019 ====================================================== Yuktilal Sahu @ Yukti Lal Sahu @ Yuktilal Sah @ Yukti Lal Sah Son of Siya Ram Sah @ Siya Ram Sahu @ Siyaram Sah @ Siyaram Sahu, Resident of Village- Nahari, P.S.- Laukaha, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State Of Bihar, through Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The District Magistrate, Madhubani.

4.

The Senior Superintendent of Police, Madhubani. 5.

The Sub-divisional Officer, Phulparas, District- Madhubani. 6.

The Sub-divisional Police Officer, Phulparas, District- Madhubani. 7.

The Circle Officer, Khutauna Anchal, District- Madhubani. 8.

The Station House Officer, Laukaha, Police Station, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Respondent/s :

Mr.Partha Sarthi- Ga4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 03.01.2019 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s: "For issuance of a direction(s), order(s), or writ(s) including writ in the nature of Mandamus commanding the concerned respondent

Patna High Court CWJC No.264 of 2019(2) dt.07-01-2020 2/3 authorities to take appropriate legal step against the illegal encroachment over the public road of Mauza- Nahari bearing Khata No.- 523, Khesra No.- 2825 under Khutauna Anchal in the district of Madhubani (hereinafter referred as the "encroached road/land in short), whereby and where under apparently road is being encroached and despite the direction was given to vacate the encroachment by the competent authorities no action was taken and common peoples are facing difficulties."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available

Patna High Court CWJC No.264 of 2019(2) dt.07-01-2020 3/3 in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U