Arbind Chaudhari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6015 of 2017 ====================================================== Arbind Chaudhari, Son of Late Jatahu Chaudhari, Resident of Village - Banaul Tole - Elamat, P.S. Nanur Anchal - Bokhara, Distt. - Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate - Cum - Collector, Sitamarhi

3. The District Land Acquisition officer, Sitamarhi

4. Sub - Divisional Officers, Sitamarhi

5. Block Development Officer, Bhokhra

6. Circle Officer, Bhokhra

7. Umesh Chaudhari, Son of Bhola Chaudhari,

8. Lalbabu Chaudhari, Son of Late Bhola Chaudhari,

9. Amarnath Rai, Son of Late Shankr Rai,

10. Ashok Chaudhari, Son of Ram Bilash Chaudhari,

11. Pinku Chaudhari, Son of Ashok Chaudhari,

12. Hira Chaudhari, Son of Late Ashok Chaudhri,

13. Maheshwar Chaudhari, Son of Late Ganesh Chaudhari,

14. Suman Chaudhari, Son of Maheshwar Chaudhari, All Resident of Village - Banaul Tole - Elamat, P.S. Nanur Anchal - Bokhara, Distt. - Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Respondent/s : Mr. Sajid Salim Khan-SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and learned SC 25 for the respondent State.

The present writ application has been filed for directing the respondent authorities to remove the encroachment over the public road appertaining to Elamat P.S. No.221, Plot No.9479, situated at Banaul Tole, P.S-Nanpur, Circle-Bokhra, in the District of Sitamarhi. Further prayer has also been made for

Patna High Court CWJC No.6015 of 2017 (2) dt.15-05-2017 2/3 setting aside the order passed by the Sub-Divisional Public Redressal Officer, Pupri, in Case No.504310219121600593, whereby the petitioner's prayer for removal of temple from the land in question has been refused.

Learned counsel for the petitioner submits that in view of the provision of Appeal against the order passed by the Public Grievance Redressal Officer, the petitioner is not pressing the application.

However, the petitioner has filed the representation, before the Collector, Sitamarhi and Circle Officer, Bokhra, as well as the Superintendent of Police, Sitamarhi, for redressal of his grievance. Hence, he confines his prayer only to the extent of disposal of such representations. In view of the nature of grievance, this Court is not inclined to issue notice to the private respondents. In the circumstances, this writ petition is disposed of with a liberty to the petitioner to file a comprehensive representation before the Circle Officer, Bhokhara, Sitamarhi, within a period of four weeks, who shall dispose of the same, with speaking order in accordance with law, within a period of four months. If the Circle Officer comes to the conclusion that public land has been encroached, he may direct for initiation of proceeding, under the provisions of Bihar Public Land

Patna High Court CWJC No.6015 of 2017 (2) dt.15-05-2017 3/3 Encroachment Act.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U