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2022 DAILYLAW 1388 (PAT)

Mukesh Kumar Rajak v. The State of Bihar

CWJC/11858/2022 · 2026-06-25

Sourendra Pandey

body2022

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11858 of 2022 ====================================================== Mukesh Kumar Rajak, Son of Mahesh Rajak, Resident of Village - Ghorghat, P.S. - Bariyarpur, District - Munger. ... ... Petitioner/s Versus 1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2. The District Magistrate, Munger. 3. The Sub divisional Officer, Munger. 4. The Circle Officer, Bariyarpur, District- Munger. 5. The Circle Inspector, Bariyarpur, P.S.- Bariyarpur, District - Munger. 6. Parmeshwar Yadav S/o Late Santokhi Yadav, Resident of Village - Ghorghat, P.S. - Bariyarpur, District - Munger. 7. Ramswaroop Yadav s/o Late Mahavir Yadav, Resident of Village - Ghorghat, P.S. - Bariyarpur, District - Munger. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Respondent/s : Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 5 25-06-2026 Heard the learned counsel for the parties. 2. Pursuant to the order dated 23.04.2026, a supplementary counter affidavit has been filed on behalf of the State, whereby the measurement report along with the nazri naksha has been placed before this Court and it has categorically been stated that a septic tank was found to be constructed on Plot No.1570 and the same was found to be mentioned in the report as well as in the nazri naksha. The measurement report contains the signature of all the respective parties and thereafter Patna High Court CWJC No.11858 of 2022(5) dt.25-06-2026 2/3 the final report along with the nazri naksha was prepared. 3. Learned counsel for the petitioner, at this juncture, submits that the grievances of the petitioner have been redressed, however, the private respondents, despite such a categorical finding and a report having been prepared in their presence, are disturbing the petitioner in constructing a boundary wall. 4. The learned counsel appearing on behalf of the private respondents submits that the respondents have reported that the said measurement was not done in a proper manner and they are aggrieved by such measurement and the report submitted to the Court. 5. In view of such submissions and taking into account the supplementary affidavit, this Court directs that the State, through the local authority/Circle Officer, shall ensure that no disturbance shall be created by the private respondent nos.6 and 7 in the construction of the said boundary wall being carried out by the petitioner. 6. The Authorities concerned are directed to take help of the police officials if an application is filed on behalf of the petitioner reporting any mischief or obstruction having been Patna High Court CWJC No.11858 of 2022(5) dt.25-06-2026 3/3 caused by the respondent nos.6 and 7. 7. This Court is of the view that if the private respondents are aggrieved by such report and they are not happy with the measurement carried out, they are free to challenge the same and approach the authorities with an appropriate application. 8. The present writ application stands disposed of with the aforesaid observations and directions. manoj/- (Sourendra Pandey, J) U