Prem Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2508 of 2020 ====================================================== Prem Shankar Singh Son of Subedar Singh Resident of Village- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Department of Land Reforms, Govt. of Bihar, Patna.

2.

The District Magistrate, Motihari, East Champaran. 3.

The Land Reforms Officer, Motihari, East Champaran. 4.

The Sub-Divisional Officer, Motihari, East Champaran. 5.

The Circle Officer, Motihari, East Champaran. 6.

Vidya Prasad Son of Late Yogeshwar Prasad Resident of Village- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran, Motihari. 7.

Krishna Prasad Shrivastava Son of Late Kedar Prasad Shrivastava Resident of Village- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran, Motihari.

8.

Dhrup Nand Shrivastava Son of Late Sita Ram Shrivastava Resident of Village- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran, Motihari.

9.

Devilal Shrivastava Son of Late Kaubinki Shrivastava Resident of VillageChhota Bariyarpur, P.S.- Chhatauni, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2022 The present writ petition has been filed seeking the following reliefs:- "i) That this an application for issuance of writ/writ order/orders, direction/directions mandamus to respondent no. 2 District Magistrate, East Champaran, Motihari and respondent no. 5 the Circle Officer, East Champaran, Motihari to vacate Aaam Gairmajarua/Malik Gair Majarua land encroachment of the road which was used by general people since last several years in Khata No. 263,

Patna High Court CWJC No.2508 of 2020(2) dt.19-09-2022 2/2 Khesra No. 1165, 1166, 1167 situated at North of the Chitragupt Mandir and South Chhota Bariyarpur (Hawai Adda) are 120 kari and granted of such any order/s direction/s writ/s order/s for granting any other reliefs for which the petitioner is found entitled to in the facts and circumstances of the present case."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Motihari, District- East Champaran, 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, Motihari, District-East Champaran, 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 thereon, forthwith. The writ petition stands disposed off on the aforesaid terms.

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