Patna High Court
Ashok Kumar @ Ashok Mahto vs The State Of Bihar on 9 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1980 of 2020
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Ashok Kumar @ Ashok Mahto S/O Late Nanhak Mahto, R/O village-
Moriyama, P.S. and anchal Dhanarua, District- Patna Pin code- 804451.
(Bihar)
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Land Reform and Revenue
Department, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Deputy Collector Officer Land Reforma, Masaurhi, Patna.
4. Sub-Divisional officer, Masaurhi, Patna.
5. Bock Development Officer, Dhanarua, Patna.
6. Circle Officer Block- Dhanarua, Patna (Jitendra Prasad Singh).
7. Suresh Sao, Mukhiya Gram panchayat, Raj Moriyama, Anchan- Dhanarua,
Patna.
8. Panchayat Secretary, Gram Panchayat Raj, Moriyama, Anchal- Dhanarua.
9. Station House Officer, P.S.- Dhanarua, Patna.
10. Kamlesh Mahto, S/O Ramishawar Mahto, Village- Moriyama, P.S.
Dhanarua, District- Patna, Pin code- 804451 (Bihar).
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Subodh Kumar
For the Respondent/s : Mr.Md. Khurshid Alam (Aag12)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 09-02-2021
The present petition has been filed for removal of
encroachment made by private respondent no. 10 as also for
payment of compensation to the petitioner herein on account of
illegal action of the respondent no. 6, whereby and whereunder the
southern and western portion of the boundary wall of the petitioner's
house has been demolished.
This Court finds that first of all, as far as removal of
encroachment made by the private respondent no. 10 is concerned,
Patna High Court CWJC No.1980 of 2020 dt.09-02-2021
the same is required to be considered by the concerned Circle
Officer, i.e. the C.O., Dhanarua (Patna) in the present case, in
accordance with the provisions contained in the Bihar Public Land
Encroachment Act, 1956 and, secondly as far as the prayer of the
petitioner for payment of compensation is concerned, it has to be
first decided as to whether the boundary wall of the house of the
petitioner had been or had not been demolished illegally by the
respondent no. 6.
In such a situation, more so since this Court cannot delve
into the disputed question of facts, it would be appropriate to relegate
the petitioner to the remedy of filing appropriate petition,
regarding his aforesaid grievances before the District Magistrate,
Patna, who shall then decide the same in accordance with law.
Accordingly, the present petition stands disposed off with
liberty to the petitioner to file appropriate representation before the
District Magistrate, Patna regarding his aforesaid grievances within a
period of four weeks from today, which shall be disposed off, in
accordance with law, by the learned District Magistrate, Patna,
within a period of eight weeks, thereafter.
(Mohit Kumar Shah, J)
S.Sb/-
AFR/NAFR
CAV DATE
Uploading Date 18.02.2021
Transmission Date
