IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3081 of 2020

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Rajesh Gautam, Son of Ramji Prasad Singh, resident of Village- Rarha, P.O.-

Rarha, P.S. Dhanarua, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2.

The Principal Secretary, Land Reform and Revenue Department, Govt. of

Bihar, Patna.

3.

The Collector, Patna.

4.

The Sub Divisional Officer, Masaurhi, Patna.

5.

The Executive Magistrate, Masaurhi, Patna.

6.

The Circle Officer, Dhanarua, Masaurhi, Patna.

7.

The Officer In-Charge, Dhanarua, Police Station, Patna.

8.

Amresh Ravidas, Son of Late Sitaram Ravidas, resident of Village- Rarha,

P.O.- Rarha, P.S. Dhanarua, District- Patna.

9.

Suresh Ravidas, Son of Late Sitaram Ravidas, resident of Village- Rarha,

P.O.- Rarha, P.S. Dhanarua, District- Patna.

10.

Sailesh Ravidas, Son of Late Sitaram Ravidas, resident of Village- Rarha,

P.O.- Rarha, P.S. Dhanarua, District- Patna.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Binay Kumar Singh

For the Respondent/s

:

Mr.Raj Kishore Roy (Gp18)

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

2

26-09-2022

The present writ petition has been filed

seeking the following relief:-

“1. That this is an application for

issuance of an appropriate writ, order or

direction commanding the respondents

for removing the encroachment done by

the private respondents i.e. respondent

no. 8 to 10 bearing Mauza-Rarha, Thana

No. 110, Tauzi No. 6343, Khata No. 126,

Patna High Court CWJC No.3081 of 2020(2) dt.26-09-2022

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Plot No. 638, Area in total 21 decimals

from North to South 100 ft. and from

east to west 40 ft. which is aam

gairmazarua rasta used by petitioner and

others as common road, Executive

Magistrate, Masaurhi, Patna already held

and ordered to remove under proceeding

133 Cr.P.C. dated on 8.8.2017, in survey

the land also denotes as aam rasta, the

petitioner filed several representation

raising points but till date no action has

been taken and / or for any other order

or orders as your Lordships may deem fit

and proper in the facts and

circumstances of this case.”

At the outset, the learned counsel for the

petitioner seeks liberty on behalf of the petitioner

to approach the Circle Officer, Dhanarua, Masaurhi

District-Patna for redressal of his aforesaid

grievance.

Liberty so sought is granted.

It is needless to state that in case the

petitioner approaches the Circle Officer, Dhanarua,

Masaurhi District-Patna by filing appropriate

petition under the provisions of the Bihar Public

Patna High Court CWJC No.3081 of 2020(2) dt.26-09-2022

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Land Encroachment Act, 1956, within a period of

four weeks from today, the same shall be

considered, in accordance with law and after

hearing the affected parties, appropriate orders

shall be passed thereon, forthwith.

The writ petition stands disposed off on the

aforesaid terms.

Ajay/-

(Mohit Kumar Shah, J)

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