Patna High Court
Faikur Rahman vs The State Of Bihar on 22 November, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5556 of 2020
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Faikur Rahman, Aged about 61 years, Male, Son of Late Jahiruddin Rahman
Resident of Village- Kursel Jhaua, P.S.- Kadwa District- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Collector Katihar District- Katihar.
3. The District Education Officer Katihar, District- Katihar.
4. The Block Development Officer Block Kadwa, District- Katihar.
5. The Circle Officer Under Block Kadwa, District- Katihar.
6. The President Zila Prishad Katihar District- Katihar.
7. The Office In Charge of P.S. Kadwa District- Katihar.
8. The President School Education Committee Namely Sanichar Mandal New
primary school Ramnagar Kursail P.S. Kadwa, District- Katihar.
9. The Secretary School education committee namely Apurna Devi, New
primary school Ramnagar Kursail, P.S. Kadwa, District- Katihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nadimul Hasan, Adv.
For the Respondent/s : Mr.Ashutosh Ranjan Pandey ( AAG15 )
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL JUDGMENT
Date : 22-11-2021
Heard learned counsel for the petitioner and learned
counsel for the respondents.
2. The present writ petition has been filed for the
following reliefs as formulated by the petitioner-
"1(i) That, through the present writ
application, the petitioner prays for issuance of an
appropriate writ/writs, order/orders direction/directions to
the concerned Respondent as such the Respondent no.3, 5, 6,
8 and 9 who are committed irregularities of their power and
forcibly encroached the front side or road side of the lands of
Patna High Court CWJC No.5556 of 2020 dt.22-11-2021
the petitioner pertaining Mouza-Kursail Thana No. 288
Under khata - 278 of khesra 820, 825 and 819 which are
purchased land of the petitioner for the purpose of construct
Building of New Primary school Kursail P.S. Kadwa District
- Katihar, which is sanctioned in earlier by latter (sic) no.
1335 dated 20.12.2013 by the District Board under Mouza-
Kursail Thana no. 288 khata no. 278 khesra - 827 of Area
0.057 ½ Decimal of land but the respondents no.8 and 9
forcibly started construction work only the portion of the
petitioner.
(ii) For issuance of appropriate writ, order
direction or directions to the concerned Respondents that
they started work for construction of building only on the
land, which was notified by the District Board in the year
2013 in Mouza Kursail Thana no. 288 khata no. 278 khesra-
827 of an Area 0.057 ½ Decimal of land and not forcibly
encroach the portion of the lands of front side or Road side
of the lands of the petitioner.
(iii) And for any other relief or relieves (sic) for
which the petitioner is entitled in facts and circumstances of
this case."
3. At the outset itself, it appears prima facie from the
pleadings in the writ application that the land of the District Board
has been encroached by some private persons.
4. Learned counsel for the petitioner has not been able to
point out with any clarity that he is aggrieved by any action of the
State and its instrumentalities with regard to his land having been
encroached.
Patna High Court CWJC No.5556 of 2020 dt.22-11-2021
5. Learned counsel for the State appears and has been
heard.
6. In the above circumstances, this Court is not inclined
to interfere in the matter. The writ application is dismissed.
Needless to say, the petitioner shall be at liberty to seek remedy
before the appropriate forum as may be available to him in
accordance with law.
(Vikash Jain, J)
rishi/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 24.11.2021
Transmission Date
