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Patna High CourtCWJC/2771/2017disposed

Narendra Kumar Singh v. The State Of Bihar And ORS

2019-05-23Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2771 of 2017 ====================================================== Narendra Kumar Singh, S/o Late Shiv Pujan Singh, Resident of Village + P.O.- Manikpur, P.S.- Indrapuri, District- Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector-cum-District Magistrate, Rohtas at Sasaram, District- Rohtas. 3.

The Sub-Divisional Officer, Dehri, District- Rohtas. 4.

The Circle Officer Dehri, District- Rohtas.

5.

The Consolidation Officer, Dehri, District- Rohtas. 6.

Shobhnath Choudhary @ Murari Choudhary, S/o Late Khokha Choudhary, 7.

Yamuna Choudhary, S/o Late Ranan Choudhary, Both are Resident of Village P.O.- Manikpur, P.S.- Indrapuri, DistrictRohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Prakash, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha-Sc19 Mr. Saurabh Kr. A.C. to S.C. 19 For private respondents :

Mr. Santosh Chandra Bhaskar Mr. Dilip Kumar Chaudhary, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 23-05-2019 Heard parties.

This writ petition has been filed by the petitioner to command respondent no.2, the Collector-cum-District Magistrate, Rohtas at Sasaram to act upon the representation as contained in Annexure 2 of writ petition for removing the persons who have illegally encroached upon the public land. It has been submitted that there is specific provision under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act") in which the Circle Officer

Patna High Court CWJC No.2771 of 2017 dt.23-05-2019 2/2 is Collector under the Act and petitioner is advised to approach the concerned Circle Officer under the provisions of the Act for removal of encroachment made by persons over the public land. If any such petition is filed, the concerned Circle Officer may initiate the proceeding under the Act and pass order under the provision of the said Act after giving notice to the persons upon whom there is allegation of making encroachment over the public land.

With such observations and directions, the writ petition is disposed of.

(S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.05.2019 Transmission Date NA