Sukhal Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2374 of 2019 ====================================================== Sukhal Ram son of Late Musaffir Ram, Resident of Village- Chhitauli Kala,Tole Bhagauta,P.S. Goreakothi,Circle Goreakothi,Dist.-Siwan ... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Siwan

3. The Circle Officer, Gorekothi,Dist.-Siwan

4. The Station House Officer, Goreakothi,Police Station,Dist.-Siwan

5. Anil Ram son of Late Chhatu Ram

6. Jawahir Ram son of Chandradeo Ram

7. Ramdas Ram son of Late Nathuni Ram

8. Ram Pukar Ram son of Late Satyadeo Ram

9. Ram Shankar Ram son of Late Mant Ram, all resident of Village-Chhitauli Kala,Tola Bhagauta,P.S. Goreakothi,Anchal Goreakothi,Dist.-Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Varma For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2019 Heard the parties.

In the present writ application, the petitioner has prayed for issuance of direction upon the respondent authorities to remove encroachment from land bearing Khata No.201, Survey No.1712, 1713 and 1714 situated in village Chhitauli Kala in Goreakothi Block of Siwan District, which is recorded as Gairmazarua Malik land in the Survey Khatiyan. The petitioner has further prayed for issuance of direction to the Circle Officer, Goreakothi to conclude the Case No.09/2018-19 initiated against the private respondents under the Bihar Public Land Encroachment Act and remove the encroachment made by

Patna High Court CWJC No.2374 of 2019(2) dt.14-02-2019 2/2 them within a stipulated time frame.

On the complaint of the petitioner, a proceeding was drawn under the Bihar Public Land Encroachment Act. Notices were also issued upon the persons, who had encroached the land in question. The said notice dated 31.08.2018 is Annexure 1/B to the present application. After issuance of the notice under Section 3 of the Act, still the construction is being carried out by the private respondents.

Considering the reliefs sought for in the present writ application, the Respondent No.3 i.e. The Circle Officer, Goreakothi, District Siwan is directed to pass an appropriate order in accordance with law, after giving an opportunity of hearing to all the concerned parties, within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U