Patna High Court
Ramjiwan Das vs The State Of Bihar on 30 September, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14931 of 2024
======================================================
Ramjiwan Das son of Late Parmeshwar Das, resident of village- Mahthi, Tola
- Mohanpur, P.S.- Bibhutipur, Dist.- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar through Addl. Chief Secretary, Revenue Deptt., Govt. of
Bihar, Patna.
2. The Director, Revenue Deptt., Govt. of Bihar, Patna.
3. The District Magistrate, Samastipur.
4. The Sub Divisional Officer, Rosera, Dist.- Samastipur.
5. The Circle Officer, Bibhutipur, Dist. - Samastipur.
6. Gopal Singh, Son of Late Gita Singh, resident of village- Mahthi, P.S.-
Bibhutipur, Dist. - Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shishir Kumar Shishir, Advocate
: Mr. Binod Kumar Sinha
For the Respondent/s : Mr. Government Advocate-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL JUDGMENT
Date : 30-09-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2. Following relief(s) have been prayed for in
paragraph no. 1 of the present writ application.
"1. That this application is being filed for
issuance of writ in the nature of Mandamus
commanding the Respondents to remove
illegal encroachment from the raiyati land of
Patna High Court CWJC No.14931 of 2024 dt.30-09-2024
petitioner of Khata No. 1738 Khesra No.
9000 Area 1.5 Katha Moues Mahthi, Thana
No. 9 P.S- Bibhutipur, Dist- Samastipur
which was illegally and forcibly encroached
by Respondent No.6 namely Gopal Singh
and any other appropriate writ, order,
direction save and except m accordance with
law."
3. At the outset, learned counsel for the State submits
that the petitioner has already moved before the Circle Officer,
The Sub Divisional Complain Redressal Officer, and before the
Additional Collector for redressal of his grievance but all the
concerned have given the liberty to the petitioner to move
before competent civil court since the remedy sought for is out
of their jurisdiction.
4. Having considered the aforesaid facts and
circumstances and on perusal of the Annexures- 2, 3 and 4, it
appears that the matter is beyond the jurisdiction of the
concerned authorities and in that view of the matter, petitioner is
directed to move before competent Civil Court for redressal of
his grievance related to removing of illegal encroachment from
the land of the petitioner.
Patna High Court CWJC No.14931 of 2024 dt.30-09-2024
5. With the aforesaid observation/direction, the
present writ application stands disposed of.
(Rudra Prakash Mishra, J)
Alok Verma/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 05.10.2024
Transmission Date N/A
