Umeshanand Pandit v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11380 of 2017 ====================================================== Umeshanand Pandit, Advocate, S/o,Raj Kishore Pandit, Resident of MohallaPurandrapur, P.O.-G.P.O.,Patna, P.S.-Jakkanpur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Saran 3.

The Sub-Divisional Officer, Saran at Chapra.

4.

The Circle Officer, Anchal Sadar Chapra.

5.

The State Religious Trust Board, Bihar, Patna. 6.

The State Wkaff Board, Bihar, Patna 7.

Brij Mohan Prasad Son of Late Tarkeshwar Prasad. 8.

Brij Bhushan Prasad Son of Late Tarkeshwar Prasad. 9.

Sanjay Prasad Son of Late Awadh Kishore Prasad

10. Radhe Shyam Prasad @ Ram Bhagat Prasad Son of late Awadh Kishore Prasad. 7 to 10 resident of Mohall-Circle no.15,Ward No. 18, New Bazar, in Front of Gandhi Maszid, P.S.-Bhagwan Bazar, District-Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umeshanand Pandit (In person) For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-09-2017 Petitioner, a practicing advocate, has filed this writ petition in public interest and the grievance of the petitioner is that Respondent Nos. 7 to 10 have illegally encroached upon the land belonging to a temple and Math situated in Bhagwan Bazar mohalla, Chapra and the authorities of Chapra Municipal Corporation and the State Government are not taking any action inspite of repeated complaints and representations being made. Keeping in view the fact that the grievance of the

Patna High Court CWJC No.11380 of 2017 dt.15-09-2017 2/2 petitioner is with regard to encroachment on public land and a remedy is available to the petitioner under the Bihar Public Land Encroachment Act, we grant liberty to the petitioner to file an appropriate complaint with regard to the encroachment in question before Respondent No. 4, the Circle Officer, Sadar, Chapra and on the same being done, the Circle Officer shall proceed to decide the encroachment in accordance to law after hearing all concerned within a period of six months from the date of filing of the complaint.

Needless to emphasize that we have not expressed any opinion on the merits of the allegations made and it is for the statutory authority to proceed in the matter in accordance with law after hearing all concerned.

With the aforesaid, the writ petition stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 19.09.2017 Transmission Date