Ashik Hussain v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18097 of 2018 ====================================================== Ashik Hussain Son of Md. Abdullah Resident of Village- Kashi Tengrahi, Police Station- Mohamedpur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Deputy Collector, Land Reforms, Government. 3.

The Circle Officer, Sidhawalia, Gopalganj.

4.

The S.H.O. Police Station- Baikunthpur.

5.

Md. Anwarullah Son of Gaffur Sai 6.

Wajid Ali Son of Md. Anwarullah 7.

Wahid Ali Son of Md. Anwarullah Sl. No. 5 to 7 are residents of VillageKashi Tengarahi, Police Station- Baikunthpur, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Veerendra Narayan For the Respondent/s :

Mr.Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-10-2019 The present writ petition has been filed to direct the Circle Officer, Sidhawalia, District-Gopalganj to initiate encroachment proceeding against the respondent nos. 5 to 7 who have encroached 6 feet wide constructed road of the village by constructing boundary wall. This Court is of the view that though the Circle Officer, Sidhawalia, District-Gopalganj has initiated a Miscellaneous Case No. 4 of 2016-17, however, the Circle Officer, Sidhawalia, District-Gopalganj is required to initiate encroachment proceeding under the provisions of the Bihar Public Land Encroachment Act, 1956.

Patna High Court CWJC No.18097 of 2018(2) dt.22-10-2019 2/2 It is directed accordingly.

This Court further directs that the Circle Officer, Sidhawalia, District-Gopalganj shall initiate the requisite encroachment proceeding within a period of two weeks from the date of receipt/production of a copy of this order with regard to land in question i.e. Mauja-Kashi Tengrahi, Thana No. 371, Khata No. 178, Plot No. 1788 which is stated to have been encroached as also is stated to be a public land. It is further directed that after complying with the provisions of the Bihar Public Land Encroachment Act, 1956, the Circle Officer, Sidhawalia, District-Gopalganj shall conclude the aforesaid encroachment proceeding within a period of six months of initiation thereof.

The writ petition stands disposed off on the aforesaid terms.

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