Patna High Court
Sadhu Sharan Das @ Shadhu Sharan Mandal vs The State Of Bihar on 2 May, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12928 of 2021
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Sadhu Sharan Das @ Shadhu Sharan Mandal Son of Late Chatri Mandal
Resident of Village- Bangali Tola, Ward No. 9, P.S.- Bariyarpur, District-
Munger.
... ... Petitioner
Versus
1. The State of Bihar Through District Magistrate, Munger.
2. The Superintendent of Police Munger.
3. The Circle Officer Bariyarpur, District- Munger.
4. The Block Development Officer Bariyarpur, District- Munger.
5. The Station House Officer P.S.- Bariyarpur, District- Munger.
6. Hardeo Mandal Son of Late Chatri Mandal Resident of Village- Bangali
Tola, Ward No. 9, P.O.- Kalyanpur, P.S.- Bariyarpur, District- Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Narsingh Tanti
For the Respondent/s : Mr.Md. Khurshid Alam ( Aag12 )
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 02-05-2025
Heard the parties.
2. In the instant writ petition, petitioner has prayed for
the following reliefs:-
(i) For issuance of a writ/ writs, order
or orders or directions to the respondents authorities to
demolish the house of respondent no.6 which was illegally
constructed on plot no.1665 and 1669, Khata No. 671 and
566 under Jamabandi No.2991, Mauza Karhariya, Total
area 2(two) Katha, while the said plot, constructed the
house belongs to the petitioner.
(ii) For issuance of an appropriate
writ/writs or directions to respondent nos. 2 and 5 to lodge
F.I.R. and prosecute the respondent no.6 as he has taken
the government money over plot no.1666, Khata No.956,
Patna High Court CWJC No.12928 of 2021 dt.02-05-2025
Jamabandi No.2366 area 2 katha 3 dhur Mauza
Karhariya, but constructed the house over plot no.1665
and 1669, Khata No.671 and 566, Jamabandi No.2991,
Total area 2 katha, which does not belongs to him.
(iii) For grant of any other appropriate
relief or reliefs for which the petitioner may be deemed
entitled.
3. Learned counsel for the petitioner submits that
petitioner has filed an application on 28.08.2018 before the
respondent no. 3/ Circle Officer, Bariyarpur, District-Munger
regarding illegal construction of house under Pradhan Mantri
Awas Yojna over Jamabandi No. 2991, Plot No. 1665 and 1669,
Khata No. 671 and 566, which belongs to the petitioner, stating
therein that construction should be made on Jamabandi No.
2366 which belongs to respondent no. 6. It has been submitted
that respondent no. 6 is illegally collecting the raw materials
over Jamabandi No. 2991 and illegally constructing the house.
He further submits that petitioner has represented his grievance
before the Circle Officer, Bariyarpur, Block Development
Officer, Bariyarpur and the District Magistrate, Munger but no
action has been taken as yet.
4. Learned counsel for the State has submitted that it
is a matter of record. However, if petitioner files fresh
application before the competent authority, the competent
authority shall look into the matter.
Patna High Court CWJC No.12928 of 2021 dt.02-05-2025
5. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, the
present writ petition stands disposed of with liberty to petitioner
to file fresh representation, raising all the grievances as has been
raised in the present writ petition, before the competent
authority within a period of four weeks from the date of receipt
of this order. If petitioner raises his grievance before the
competent authority by filing fresh representation within the
stipulated period, the competent authority shall pass appropriate
order on the representation of the petitioner in accordance with
law after giving due opportunity of hearing to the parties
concerned within two months from the date of filing of
representation.
(Alok Kumar Pandey, J)
shahzad/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 03.05.2025
Transmission Date N.A.
