Kedar Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10006 of 2017 ====================================================== Kedar Sharma Son of Late Laxmi Thakur Resident of Village - Marjadwa, P.S. - Purushottampur, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna.

2.

The District Magistrate, Bettiah, West Champaran. 3.

The Sub-Divisional Officer, Narkatiaganj, West Champaran. 4.

The Sub-Divisional Police Officer, Narkatiaganj, West Champaran. 5.

The Circle Officer, Mainatand, District - West Champaran. 6.

The Officer In-charge Purushottampur Police Station, District - West Champaran.

7.

Dhruv Ram Son of Prasad Ram 8.

Ramruch Ram Son of Late Jungli Ram 9.

Rameshwar Ram Son of Raghubir Ram 10.

Dhruv Ram Son of Late Sonu Ram 11.

Rambhu Ram Son of Late Sonu Ram All residents of Village - Marjadwa, P.S. - Purushottampur, District - West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Chandra, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha-SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-04-2023 The present petition has been filed seeking the following relief :- "(i) For issuance of a Writ in the nature of a Writ of mandamus, or any other appropriate Writ/ order, direction commanding the Respondents, particularly the Respondent No. 5 to forthwith dispose of the

Patna High Court CWJC No.10006 of 2017(2) dt.18-04-2023 2/3 representation of the Petitioner sent through registered post dated 20.02.2017 (Annexure -2) pertaining to encroachment of public road by the Respondent No. 7 to 11. The said encroachment has been erected in front of the Khatiyani land of the Petitioner, causing restriction and total blockage to the egress and ingress of the Petitioner from his land.

The Petitioner further prays for a consequential Writ of mandamus commanding the Respondent No. 5 to act fairly and to remove the encroachment over the Government land in accordance with the law."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Mainatand, West 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, Mainatand, West 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.

Patna High Court CWJC No.10006 of 2017(2) dt.18-04-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U