Suresh Kumar Sharma @ Suresh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.669 of 2023 ====================================================== Suresh Kumar Sharma @ Suresh Sharma S/o Late Chengan Upadhyay, Resident of Village- Jaitapur, P.S.- Palanawa, Dist. - East Champaran (Motihari).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Govt. of Bihar, Old Secretariat, Patna.

2.

The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

3.

The Collector Cum District Magistrate, East Champaran (Motihari). 4.

The Sub- Divisional Officer, Raxaul, East Champaran (Motihari). 5.

The Circle Officer, Ramagadhva, Dist- East Champaran (Motihari). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2023

1. The present writ petition has been filed seeking the following reliefs:- "1(i) To remove the encroachment from a rural public road, starts from the land of one Lal Saheb Mishra to the pond of Taichun Pandey over survey plot no.1537 and 290 falling within Jaitapur village of Ramgdhwa circle of EastChamparan District. (ii) To hold that the respondents are under obligation to remove the encroachment over the public land whenever they got information about the same."

2. At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.669 of 2023(2) dt.18-09-2023 2/2 seeks liberty on behalf of the petitioner to approach the Circle Officer, Ramagadhva, District-East Champaran (Motihari), for redressal of his aforesaid grievance. Liberty so sought is granted.

3. It is needless to state that in case the petitioner approaches the Circle Officer, Ramagadhva, District-East Champaran (Motihari), by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U