Shiv Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1406 of 2023 ====================================================== Shiv Shankar Rai Son of Late Mahadev Rai Resident of Village Singhpur, P.S.- Raxaul, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Land Reforms and Revenue, Government of Bihar, Patna. 2.

The District Magistrate, East Champaran, Motihari. 3.

The Circle Officer, Raxaul, East Champaran.

4.

Prabhu Ram, Son of Deo Narayan Ram Resident of Village Shinghpur, P.S.- Raxaul, District- East Champaran.

5.

Asharfi Ram, Son of Deoki Ram Resident of Village Shinghpur, P.S.- Raxaul, District- East Champaran.

6.

Ramayan Ram, Son of Deoki Ram Resident of Village Shinghpur, P.S.- Raxaul, District- East Champaran.

7.

Basdeo Ram, Son of Yadu Nandan Ram Resident of Village Shinghpur, P.S.- Raxaul, District- East Champaran.

8.

Jitendra Ram, Son of Chandradeo Ram Resident of Village Shinghpur, P.S.- Raxaul, District- East Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-08-2023 1.

The present writ petition has been filed seeking the following relief:- "1.(i) An appropriate writ in the nature of Mandamus directing the Respondents to remove the encroachment from the Gairmajrua Aam Land having Khata No. 02, Khesra No. 114 in Mauza-Singhpur Thana No.4 under Circle Office-

Patna High Court CWJC No.1406 of 2023(2) dt.22-08-2023 2/2 Raxaul in the District-East Champaran which has blocked the access of the petitioner to the main road may be issued."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Raxaul, District-East Champaran, 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, Raxaul, District-East Champaran, 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) S.Sb/- U