Lakhraj Paswan v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.220 of 2023 ====================================================== Lakhraj Paswan S/o- Akti Hazra Resident of Village- Bairiyadih, P.S.- Harsiddhi, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Rural Development, Govt. of Bihar, Patna.

2.

The Collector-cum-District Magistrate East Champaran at Motihari. 3.

The Sub-Divisional Officer Areraj, District- East Champaran. 4.

The Deputy Collector of Land Reforms Areraj, District- East Champaran. 5.

The Circle Officer Harsiddhi, District- East Champaran. 6.

Ramchandra Paswan S/o- Jangalee Paswan Resident of Village- Bairiyadih, Anchal and P.S.- Harsiddhi, District- East Champaran. 7.

Gulten Paswan S/o- Late Ghughni Hazra Resident of Village- Bairiyadih, Anchal and P.S.- Harsiddhi, District- East Champaran. 8.

Bhikham Paswan S/o- Late Galu Hazra Resident of Village- Bairiyadih, Anchal and P.S.- Harsiddhi, District- East Champaran. 9.

Shiv Prasad Paswan S/o- Late Galu Hazra Resident of Village- Bairiyadih, Anchal and P.S.- Harsiddhi, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Respondent/s :

Mr.Vinay Kirti Singh ( Ga 2 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 05-09-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ / writs, order/orders, direction/directions in the nature of Mandamus for direction to the Respondents for vacating the encroachment from the Khata No. 494, Plot No. 71 under the village of Bairiya Dih, Anchal- Harsiddhi, District- East Champaran.

(ii). For direction to the respondent 1st set for

Patna High Court CWJC No.220 of 2023 dt.05-09-2023 2/2 measurement to the aforesaid land which is situated on the bank of Village road.

(iii) For direction to the Respondent 1st Set regarding discharging duty as proper for maintaining the village road as encroachment free road."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Harsiddhi, 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, Harsiddhi, 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) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 5.9.2023 Transmission Date NA