Shiv Nandan Sada v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5913 of 2017 ====================================================== Shiv Nandan Sada son of Late Sukdev Sada resident of Village - Dhanaho, Tola - Kanjara, P.S. - Singhiya, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Samastipur. 2.

The Circle Officer, Singhiya, Samastipur.

3.

Ram Bihari Yadav son of Ram Kripal Yadav resident of Village - Simraha, P.S. - Kusheshwar Asthan, District - Darbhanga. 4.

Ram Pragash Sah son of Late Aalik Sah resident of Village - Chouthar, P.S. - Singhiya, District - Samastipur.

5.

Rajendra Rai son of name not known to the petitioner resident of village - Phulwariya, P.S. - Singhiya, District - Samastipur. 6.

Gauri Rai son of Late Basudev Rai resident of village - Phulwariya, P.S. - Singhiya, District - Samastipur.

7.

Anandi Rai son of Late Sahdev Rai resident of Village - Phulwariya, Kawalashi, P.S. - Singhiya, District - Samastipur. 8.

Lacho Sao son of Pulkat Sao resident of Village - Kangara, P.S. - Bindiya, District - Samastipur.

9.

Saryug Sao son of Late Basudev Sao resident of Village - Rampur Rauta Math, P.S. - Kusheshwar Asthan, District - Darbhanga. 10.

Basudev Sao son of Gena Sao resident of Village - Rampur Rauta Math, P.S. - Kusheshwar Asthan, District - Darbhanga.

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

For the Petitioner/s :

Mr.Vijay Anand,Adv.

For the Respondent/s :

Mr.Raj Kishore Roy-GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2023 The present writ petition has been filed seeking the following relief:- "1. That the present writ application is being filed for issuing a direction to the respondents specially respondent no.2 to take necessary action to vacate the

Patna High Court CWJC No.5913 of 2017(2) dt.17-04-2023 2/3 encroachment made by the private respondent nos. 3 to 10 over the plot nos.

889, 8891, 897, 900, 1020, 924, 938, 974, 977, 981, 1133, 1136, 1187, 1206, 1210, 1212 pertaining to Khata No. 58 and Plot No. 1200 pertaining to Khata No.6 and Plot No. 960, 961, 962, pertaining to Khata No.9 and Plot No. 978, 980 of pertaining to Khata No.57 of VillageDhanaho, P.S.- Singhiya, Thana No. 191 of District-Samastipur."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Singhiya, DistrictSamastipur, for redressal of his aforesaid grievance. Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Singhiya District-Samastipur, 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

Patna High Court CWJC No.5913 of 2017(2) dt.17-04-2023 3/3 thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU