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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9059 of 2025 ====================================================== Nand Kishore Kumar S/o- Rajendra Mehata, Resident of Village- Zakhim, P.S.- Rafiganj, District- Aurangabad. ... ... Petitioner/s Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Rural Development Department, Government of Bihar, Patna.
3. The District Magistrate, Aurangabad, District- Aurangabad.
4. The Sub Divisional Officer, Rafiganj, P.S- Rafiganj, District- Aurangabad.
5. The Anchala Adhikari, Block- Rafiganj, District- Aurangabad.
6. The S.H.O., Rafiganj Police Station, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Choubey, Advocate For the Respondent/s : Mr. P.K. Shahi, Advocate General Mr. Vikas Kumar, AC to AG ======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 12-09-2025 In the instant petition, petitioner has prayed for the following relief(s):-
“(i) For issuance of appropriate writ/writs,
order/orders,
direction/directions
to respondent Authorities to take immediate action for removal of encroachment from the Government Land which is situated at Thana no:- 457, Khata no:- Cha128, Plot no:- 1145 Area 87 decimal under Rafiganj Anchal in the District of Aurangabad which has been
Patna High Court CWJC No.9059 of 2025 dt.12-09-2025 2/3 recorded as Gair Mazarua Aam Land. (ii) For issuance of appropriate writ/writs,
order/orders, direction/directions for further direction commanding the respondents to get the aforesaid encroachment removed as Anchala Adhikari has wrongly given NOC for construction of Graveyard. (iii) For issuance of appropriate writ/writs,
order/orders, direction/directions for directing the respondents to implement the notification of the State Government dated 30.10.1989 by which direction was given to all the concerned Authorities of the State to take urgent and effective action for prevention of any encroachment on Public Land which are for the use of Public in general. (iv) For grant of any other relief or reliefs which deem fit and proper in the facts and circumstances of the case.”
2. In support of the aforementioned relief, petitioner had approached the concerned authority vide Annexure-P/3 dated 15.04.2025. The concerned authority has not acted upon the petitioner’s grievance as on this date and it is prima facie unjustified.
3. Accordingly, the concerned authority is hereby
directed to decide the petitioner’s grievance and proceed to pass
Patna High Court CWJC No.9059 of 2025 dt.12-09-2025 3/3 a detailed speaking order or in the alternative, undertake exercise of removal of illegal encroachment which is alleged to be existing in the eye of law as narrated in the representation or application. Such action shall be taken within a period of six months from the date of receipt of this order.
4. With the aforesaid direction, petition stands
disposed of.
P.K.P./- (P. B. Bajanthri, ACJ) (Alok Kumar Sinha, J) AFR/NAFR CAV DATE Uploading Date 16.09.2025 Transmission Date