Bachcha Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1280 of 2019 ====================================================== Bachcha Pathak Late Bhavan Pathak resident of Village- Angauta, P.O.- Mirjapur, P.S. Nautan, District- Siwan.

... ... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Patna.

2. The Joint Secretary Cum- Incharge Bihar Bhoodan Yagna Committee, Patna.

3. The Collector, Siwan.

4. The Sub- Divisional Officer, Siwan.

5. The D.C.L.R., Siwan.

6. The Bhoodan Mantri, Bhoodan Yagna Committee, District- Siwan.

7. The Circle Officer, Block- Nautan, District- Siwan. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Shahi, Adv.

For the Respondent/s :

Mr. Arun Kumar Bhagat, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 22-01-2019 The petitioner complains of encroachment of public land and seeks removal thereof invoking the provisions of Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') but except representation herein there is nothing else on record.

In case the petitioner is sanguine about his cause, he can file a proper application in tune with the provisions of 'the Act' by arraigning the encroachers as well as explaining the level of encroachment before the statutory authority under 'the Act' and it is only thereafter that any cause of action arises. The

Patna High Court CWJC No.1280 of 2019(2) dt.22-01-2019 2/2 choice is of the petitioner and he can take recourse thereto but in the nature of complaint made there is nothing on record, of Public Interest.

The writ petition is disposed of.

(Jyoti Saran, J) ( Nilu Agrawal, J) Archana/ Surendra/- U