Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 83172 (PAT)

Ajay Kumar v. The State of Bihar

CWJC/19352/2024 · 2025-01-07

Alok Kumar Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19352 of 2024 ====================================================== Ajay Kumar S/O Late Ramchandr Prasad Resident of Village Near Durga Mandir Indira Path Rafiganj PO and PS Rafiganj Anchal Rafiganj ... ... Petitioner/s Versus 1. The State of Bihar through Chief Secretary Govt. of Bihar, Patna. 2. The Chief Secretary Govt. of Bihar, Patna. 3. The District Magistrate Aurangabad (Bihar). 4. The S.P. Aurangabad (Bihar). 5. The S.D.O. Aurangabad (Bihar). 6. The C.O. Anchal Rafiganj Dist-Aurangabad (Bihar). 7. The Officer Incharge of Police P.S. Rafiganj Dist.-Aurangabad (Bihar). 8. Manoj Yadav S/o Rajendra Yadav Residing at Vill.-Kiyaktap P.O. and P.S. and Anchal-Rafiganj Dist-Aurangabad (Bihar) Pincode-824125. 9. Vinod Yadav S/o Rajendra Yadav Residing at Vill.-Kiyaktap P.O. and P.S. and Anchal-Rafiganj Dist-Aurangabad (Bihar) Pincode-824125. 10. Santosh Yadav S/o Rajendra Yadav Residing at Vill.-Kiyaktap P.O. and P.S. and Anchal-Rafiganj Dist-Aurangabad (Bihar) Pincode-824125. 11. Ashok Yadav S/o Rajendra Yadav Residing at Vill.-Kiyaktap P.O. and P.S. and Anchal-Rafiganj Dist-Aurangabad (Bihar) Pincode-824125. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Nadim Seraj, GP-5 Ms. Shalini, AC to GP-5 For the Respondent/s : Mr.Government Pleader 05 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 07-01-2025 Heard the parties. 2. In the instant petition, petitioner has prayed for the following relief(s):- (I) that the writ application is being filed with prayer for issuance of an appropriate writ/writs, order/orders, Patna High Court CWJC No.19352 of 2024 dt.07-01-2025 2/3 direction/directions to the respondents authority i.e respondents no. 3,5 and 6 to do free the petitioner’s land which have been encroached by private respondents no. 8 to 11 bearing khata no 58 Plot no 33 Rakba 12 dismal and khata no. 56,61,63 plot no 16,17,18,19 Rakba 14.45 dismal at mauza Dharhara thana no. 674 Anchal Rafiganj dist- Aurangabad (Bihar). ii. For a direction to respondent no. 4 and 7 to appear at the time of taking action against the respondents no. 8 to 11 due to private respondent no. 8 bad element of this society. 3. Learned counsel for the petitioner submits that the land appertaining to Khata No. 58, Plot No. 33 Rakba 12 decimal, Khata No. 56, 61, 63 Plot No. 16, 17, 18, 19 Rakba 14.45 decimal, at Mauza Dharhara Thana No. 674 Anchal Rafiganj, District – Aurangabad belongs to petitioner’s father and he got the land from his ancestors through Title Suit No. 31/88/14/88. He further submits that petitioner has represented before the Circle Officer, Rafiganj for removal of encroachment from the land in question but no steps has been taken. 4. Learned counsel for the State submits that the present writ is not maintainable as petitioner has not represented before the appropriate authority. He, however, submits that if Patna High Court CWJC No.19352 of 2024 dt.07-01-2025 3/3 petitioner represents his grievance afresh, the concerned authority will look into the matter. 5. In the light of the facts and circumstances of the present case and the arguments advanced on behalf of the parties, the instant writ petition stands disposed of with liberty to the petitioner to represents his grievance afresh before the concerned authority within four weeks from the date of receipt of this order. If the petitioner represents his grievance within the stipulated period, the concerned authority shall pass appropriate order within a reasonable period of time, after hearing the parties concerned alok/- (Alok Kumar Pandey, J) AFR/NAFR NAFR CAV DATE N/A Uploading Date 09.01.2025. Transmission Date N/A