Ramnath Sah @ Ramshray Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2064 of 2020 ====================================================== Ramnath Sah @ Ramshray Shah S/o Hasarilal Sah @ Prem Chandra Shah Resident of Village- Champapur Koiria, P.S.- Ghorasahan District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

2.

The Collector, East Champaran at Motihari.

3.

The Sub-Divisional Officer, Sikrahana Dhaka, East Champaran. 4.

The Circle Officer, Ghorasahan Circle Office, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar, Advocate For the Respondent/s :

Mr.Kameshwar Kumar Gupta ( GP10 ) :

Mr. Satya Vrat (AC to GP 10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2022 Though the present writ petition has been filed for directing the State respondents to remove the illegal encroachment made over the raiyati land of the petitioner pertaining to Khata no. 86, Khesra no. 778, Area 16 Dhur and Khata no. 89, Khesra no. 779, Area 14 Dhur situated at Gram Panchayat Raj Bijayi, Ghorasahan Block, District East Champaran, however a counter affidavit has been filed by the District Magistrate, East Champaran at Motihari, wherein it has been stated that the father, mother and wife of the petitioner were present in the Ward Sabha, in which resolution was passed for construction of road in question and consent was given by

Patna High Court CWJC No.2064 of 2020(3) dt.28-07-2022 2/2 them for the purposes of construction of the road in question. It has also been stated that the road has been constructed with the funds contributed by the members of the public at large and the work was executed in the year 2017, however the petitioner has approached this Court belatedly, only in the year 2020, which show his oblique motives.

The learned counsel appearing for the petitioner has denied the aforesaid facts but seeks liberty on behalf of the petitioner to avail such remedies as are otherwise available under the law for redressal of his grievance. Liberty so sought, is granted.

The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U