Jalandhar Bhaitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2027 of 2020 ====================================================== Jalandhar Bhaitha Son of Jagdev Baitha, Resident of Village-Bhagwanpur Piprada, P.S.-Riga, District-Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2.

The District Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate, Sitamarhi.

4.

The Addl. Collector, Sitamarhi.

5.

The Deputy Collector, Land Reform, Sitamarhi. 6.

The Circle Officer, Riga.

7.

Yogendra Rai Son of Late Ram Sewak Rai Resident of Village-Bhagwanpur Piprada, P.S.-Riga, District-Sitamarhi.

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Lakshmi Kant Sharma, Advocate For the Respondent/s :

Mr.Sajid Salim Khan(Standing Counsel-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-07-2022 The present writ petition has been filed seeking the following reliefs:- "That this is an application for issuance for appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities especially respondent no. 3 and 6 to take appropriate action for removal of encroachment made by private respondent no. 7 from the land appertaining to Khata No. 452, Plot No. 1015, Area4 decimal, which was a well and adjoining area of well was utilized as pathway but private respondent forcefully encouraged the area and blocked the

Patna High Court CWJC No.2027 of 2020(2) dt.08-07-2022 2/2 pathway and filled up the well."

At the outset, the learned senior counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Riga for redressal of the aforesaid grievances. Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Riga by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956 within a period of four weeks from today, the Circle Officer shall examine the matter and pass final order within a period of eight weeks thereafter, after grant of appropriate opportunity to the effected parties. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U