Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1029 of 2023 ====================================================== Rajeev Kumar S/o Lakhan Ram, resident of Head Manpur, Gopalganj Road, Manpur, P.S. and P.O. - Buniyadganj, Gaya, Bihar - 823003. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar. 2.

Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar.

3.

District Magistrate and Collector, Gaya.

4.

Circle Officer, Manpur, Gaya.

5.

Yogendra Mistry, S/o Nandu Mistry, resident of Head Manpur, P.S. and P.O.- Buniyadganj, Gaya.

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

For the Petitioner/s :

Mr.Kumar Kaushik, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023 The present writ petition has been filed seeking the following reliefs:- "1. i. For issuance of an order, direction or a writ of Mandamus directing the Circle Officer, Manpur, Gaya to hear and decide the encroachment case instituted by the petitioner by application dated 04.08.2018 for removal of encroachment done by the respondent no. 5 and his family members over land situated at Khata

Patna High Court CWJC No.1029 of 2023(2) dt.26-09-2023 2/3 No.1408, Municipal Survey Plot No.

3398/918 measuring 325 arr which in old Khatiyan is recorded as gairmajarua aam land and in draft khatiyan is recorded as Anavad Sarv Sadharan land and is thus government land to be used for general public.

ii. For issuance of an order, direction or an appropriate writ for staying the construction being carried by the private respondents on the land situated at Khata No.1408, Municipal Survey Plot No. 3398/918."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Manpur, Gaya to dispose off the petition filed before him for removal of the encroachment in question, copy whereof has been annexed as Annexure-P7 to the present writ petition.

3.

Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to direct the Circle Officer, Manpur, Gaya to consider the aforesaid petition filed by the

Patna High Court CWJC No.1029 of 2023(2) dt.26-09-2023 3/3 petitioner, in case the same has been filed and is still pending and pass the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, forthwith.

4.

The writ petition stands disposed off.

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