Prahlad Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1889 of 2019 ====================================================== Prahlad Mahto S/o Mahabir Mahto Resident of Mohaddipur Ward No. 3, P.o. and P.s.- Majhaulia,Distt.- West Champaran ... ... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary, Department of Revenue ad Land Reforms, Govt. of Bihar, Patna

2. The Collector West Champaran at Bettiah

3. The Deputy Development Commissioner-cum-Chief Executive Officer Zila Parishad, West Champaran at Bettiah

4. The Sub divisional officer West Champaran at Bettiah

5. The Anchal Adhikari Majhaulia, Distt.- West Champaran at Bettiah ..... ..... Respondents 1st set

6. Mahadeo Paswan S/o Late Muneshwar Paswan Vill.-Mohaddipur, P.o. and P.s.-Majhauli, Distt.- West Champaran

7. Girija Devi W/o Mahadeo Paswan Vill.-Mohaddipur, P.o. and P.s.-Majhauli, Distt.- West Champaran ... ... Respondents 2nd set ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2019 Heard the parties.

In the present writ application, the following relief has been sought for on behalf of the petitioner : 1(A) To issue an appropriate writ, particularly in the nature of Mandamus commanding upon the Respondents 1st set to comply with the order dated 10.03.18 passed in Encroachment Case No.30/201617 whereby and where-under Respondents 2nd set illegally encroached the part of the road ways i.e. Plot No.364 Khata No.217, Thana No.238 area about 111⁄4 decimal situated at village Mohaddipur, Police Station Majhaulia, District West Champaran. The

Patna High Court CWJC No.1889 of 2019(2) dt.04-02-2019 2/2 nature of the land is road.

The land as referred above is said to have been encroached upon by the Respondent 2nd set. A proceeding was initiated under the Bihar Public Land Encroachment Act. An order has also been passed by the competent authority. Said order is not being executed.

Considering the relief sought for in the present writ application, the petitioner is directed to file a fresh representation before the Respondent No.2 i.e. The Collector, West Champaran at Bettiah within a period of one month from today. The Respondent No.2 i.e. The Collector, West Champaran at Bettiah shall consider the case/representation of the petitioner and pass an appropriate order, after giving opportunity to all the concerned parties, in accordance with law within a period of four months from the date of filing of such representation. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U