Patna High Court
Vidya Prasad vs The State Of Bihar on 9 October, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3843 of 2023
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Vidya Prasad S/o Late Chandu Prasad, R/o -Village Manpur, P.O. Dhangwan,
P.S. Ekangarsarai District - Nalanda 801301.
... ... Petitioner/s
Versus
1. The State of Bihar through its Chief Secretary, Bihar, Government of Bihar,
Main Secretariat, Patna, Bihar 800015.
2. The Chief Secretary, Government of Bihar, Main Secretariat, Patna, Bihar
800015.
3. The Home Secretary, Government of Bihar, Main Secretariat, Patna, Bihar
800015.
4. The Director General of Police, Govt. of Bihar, Patna.
5. The Commissioner, West Gandhi Maidan, Raja Ji Salai, Lodipur, Patna,
Bihar 800001.
6. The District Magistrate, Nalanda, Office of the District Magistrate,
Collectorate Campus, Nalanda District - Nalanda, Bihar - 803101.
7. The Superintendent of Police, Nalanda, Office of Superintendent of Police,
Kachahri Road, Kaghzi Mohalla, Bihar Sharif, Bihar - 803101.
8. The Sub-Divisional Officer, Hilsa.
9. The Circle Officer, Ekangarsarai.
10. Satyanarayan Paswan, S/o - Late Misinder Paswan, R/o - Manpur, P.O. -
Dhangwan, P.S. - Ekangarsarai, District - Nalanda (Bihar) - 801301.
11. Sanikant Paswan, S/o Late Misinder Paswan, R/o - Manpur, P.O. -
Dhangwan, P.S. - Ekangarsarai, District - Nalanda (Bihar) - 801301.
12. Manikant Paswan, S/o - Late Misinder Paswan, R/o Manpur, P.O. -
Dhangwan, P.S. - Ekangarsarai, District - Nalanda (Bihar) - 801301.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Harsh Kaushal
For the Respondent/s : Mr.Md. Nadim Seraj (Gp5)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 09-10-2023
The present writ petition has been filed seeking the
following reliefs:-
"1(i). For the issuance of an appropriate writ of
Patna High Court CWJC No.3843 of 2023 dt.09-10-2023
mandamus or any other appropriate writ(s) or
orders or direction(s) directing the Respondent
Authorities for facilitating the removal of
encroachment of the public road bearing Khesra
No. 803, Khata No.- 163, Thana No.- 169, Mauza-
Dhangawan., made arbitrarily, maliciously by the
Respondent No. 10 to 12, which is sole ingress and
egress for the Petitioner.
(ii). For directing the Respondent Authorities to
give the protection in the earnest to the Petitioner
along with family members, as due to malicious,
arbitrary act of the Private Respondents and other
conspirators, there is grave and gross threat to life
and limb of the Petitioner as well as entire family of
the Petitioner.
(iii). For directing the Respondent Authorities to
take strict legal action against the Private
Respondents for incessantly illegally, maliciously
and arbitrarily encroaching the Public Road and
causing mental, physical and economical
harassment to the Petitioner along with his family
members whereby their fundamental right as well
as legal right is gravely been prejudiced."
2. At the outset, the learned counsel for the petitioner seeks
liberty on behalf of the petitioner to approach the Circle Officer,
Ekangarsarai, for redressal of his aforesaid grievance. Liberty so
sought, is granted.
Patna High Court CWJC No.3843 of 2023 dt.09-10-2023
3. It is needless to state that in case, the petitioner
approaches the Circle Officer, Ekangarsarai, by filing
appropriate petition under the provisions of the Bihar Public
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.
4. The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
Ajay/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 9.10.2023
Transmission Date NA
