Patna High Court - Orders
Akbar Hussain vs The State Of Bihar on 7 May, 2024
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16525 of 2023
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Akbar Hussain Son of Md. Athar Hussain, Resident of Village-Ward No. 04,
Mohalla-Dhibra Old Market, Sasaram Road Bikramganj, District-Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Rohtas.
2. The Sub Divisional Magistrate, Bikramganj, Rohtas.
3. The Circle Officer, Anchal-Bikramganj, District-Rohtas.
4. Ramji Yadav, son of Late Hari Yadav, resident of Village-Dhangai, Police
Station-Bikramganj, District-Rohtas.
5. Hajari Yadav, son of Late Hari Yadav, resident of Village-Dhangai, Police
Station-Bikramganj, District-Rohtas.
6. Lakhan Yadav, son of Late Hari Yadav, resident of Village-Dhangai, Police
Station-Bikramganj, District-Rohtas.
7. Basawan, son of Late Chandrama Yadav, resident of Village-Dhangai, Police
Station-Bikramganj, District-Rohtas.
8. Ayodhya Yadav, son of Late Chandrama Yadav, resident of Village-Dhangai,
Police Station-Bikramganj, District-Rohtas.
9. Rajdeo Yadav, son of Late Raja Ram Yadav, resident of Village-Dhangai,
Police Station-Bikramganj, District-Rohtas.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mazharul Hassan, Advocate
For the Respondent/s : Mr. Md. Khurshid Alam (Aag12)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
2 07-05-2024The present writ petition has been filed seeking the following relief:-
"1. That this present writ application is being filed before this Hon'ble Court for direction or directions and order or orders to the Authority Concern to remove the encroachment which has been created by Respondent No. 4 to 9.
Patna High Court CWJC No.16525 of 2023(2) dt.07-05-2024 2/3 The petitioner has filed a petition before the Circle Officer, Anchal- Bikramganj, District- Rohtas on dated 08.05.2023 and 09.10.2023 that Respondent have been encroached Kabristan (Graveyard) land bearing Khata No. 737, Plot No. 2625 and Plot No. 2654 Village Dhangai, Thana No. Bikramganj, Anchal- Bikramganj, District- Rohtas. Said Graveyard land Road encroached by Respondent No. 4 to 9 by making Huts and Bathan by hooks and crooks. So, peoples of locality are facing many problems to go his graveyard and perform funeral programme in graveyard because Plot No.2625 and 2654 area encroached by some litigant.
Respondent No.4 to 9 but Respondent authority concerned not take any action against the encroachers.
Petitioner and others are filed many representations and public petition before the Circle Officer, Bikramganj, Rohtas but up till now no any step has been taken by the Authority concerned to remove the said encroachment."
2. After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondents for Patna High Court CWJC No.16525 of 2023(2) dt.07-05-2024 3/3 redressal of his aforesaid grievances. Liberty, so sought, is granted.
3. Accordingly, the writ petition stands disposed of.
(Mohit Kumar Shah, J) kanchan/-
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