Disposed

Suresh Roy v. The State Of Bihar and Ors.

Patna HC13 Mar 2014CWJC/16150/2013

Case brief

AI extract

What is this about?

The High Court held that grievances regarding enclosure of village roads by private parties must first be raised before the District Magistrate. The petitioner is directed to produce copies of the order and representation before the District Magistrate for appropriate action.

What did the court decide?

Directing the Respondent District Magistrate to consider the petitioner's grievance and pass appropriate orders as early as possible.

Suresh Roy Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16150 of 2013

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Suresh Roy Son Of Late Krishan Prasad Roy Resident Of Village - Ranyodha, P.S. Dhoraiya, Distt - Banka

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.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Commissioner, Bhagalpur Division, Bhagalpur 3. The Collector, Banka 4. The Circle Officer, Dhoraiya 5. Mahesh Sharma Son Of Late Lakhan Sharma resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 6. Mahadev Roy Son Of Late Shaligram Roy resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 7. Ashok Roy Son Of Late Ayodhi Roy Resident Of Village - Ranyodha, P.S. Dhoraiya, Distt - Banka 8. Anant Prasad Singh Son Of Late Narsingh Singh Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 9. Rudeshwari Roy Son Of Singheshwar Roy Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 10. Girish Prasad Singh Son Of Late Rohit Mandal Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 11. Gyanender Roy Son Of Late Jagarnath Roy Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 12. Umesh Roy Son Of Late Jagarnath Roy Resident Of Village - Ranyodha, P.S. Dhoraiya, Distt - Banka 13. Laxman Singh Son Of Sitaram Singh Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 14. Rajesh Kumar Roy Son Of Late Rambilas Roy Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 15. Jaykrishn Singh Son Of Late Upender Singh Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 16. Amrender Roy Son Of Late Sukhdeo Roy Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 17. Parmanand Roy Son Of Late Ajablal Roy Resident Of Village - Ranyodha, P.S. Dhoraiya, Distt - Banka 18. Jairam Singh Son Of Late Upender Singh Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka 19. Ramashish Singh Son Of Paryag Singh Resident Of Village - Ranyodha, P.S. Dhoraiya , Distt - Banka

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.... .... Respondent/s ======================================================

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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Patna High Court CWJC No.16150 of 2013 (2) dt.13-03-2014

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Petitioner raises a grievance which is essentially a grievance to be raised in public interest. It is alleged that village road has been encroached by the private respondents. On an application filed in this behalf, the Circle Officer by a notice dated 13.5.2013 (Annexure-2) directed for removal of encroachment. In spite thereof, the encroachment, made by the private respondents herein, have not been cleared. He, therefore, submits that appropriate direction be issued to the concerned authority to take needful steps in the matter.

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2 13-03-2014

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Heard both sides.

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In my view, such grievance should first be raised before the District Magistrate –cum-Collector of the concerned District under whom the Circle Officer ( respondent no.4) functions. It appears from perusal of the writ petition, that the petitioner did ventilate his grievance before the respondent Collector. Counsel for the petitioner drew attention of the Court to one such representation (Annexure-3/1) filed by few villagers on 10-06-2013. The writ application is disposed of directing the respondent District Magistrate to consider the grievance of the petitioner as raised in the said representation dated 10-06-2013 (Annexure- 3/1) and pass appropriate orders in accordance with law as early as possible. The petitioner shall produce certified

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Patna High Court CWJC No.16150 of 2013 (2) dt.13-03-2014

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copy of the present order along with copy of the said representation before the respondent District Magistrate enabling him to take needful action in the light of the present order.

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(Kishore Kumar Mandal, J)

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Shyam/-

Suresh Roy v. The State Of Bihar and Ors.

Case brief

What is this about?

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Suresh Roy v. The State Of Bihar and Ors.

Case brief

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