Shanti Devi, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2238 of 2020 ====================================================== Shanti Devi, Wife of Late Rajendra Jha, Resident of Village-Madhopur, Gram-Madhopura, Post Office-Siso, P.S. Siso, District-Darbhanga, presently residing Shikshak Colony, Azam Nagar, P.S. Viswavidalaya Thana, Darbhanga, District-Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue Land Reforms and Development, Government of Bihar, Patna. 2.

The Collector, Darbhanga Division, Darbhanga. 3.

The Additional Collector, Darbhanga, District-Darbhanga. 4.

The Sub-Divisional Officer, Sadar, Darbhanga, District-Darbhanga. 5.

The Circle Officer/Anchal Adhikari, Bahadurpur Anchal, P.S. Bahadurpur, District-Darbhanga.

6.

Sri Ranjeet Choudhary, Son of Late Jai Chandra Choudhary, Resident of Village-Govindpur, P.S. Bahadurpur, District-Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Jha, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2022 The present writ petition has been filed for directing the Circle Officer, Bahadurpur, Darbhanga i.e. respondent no. 5 to remove the encroachment made by the private respondent no. 6 on government land bearing Old Khesra no. 525/602 (New) situated in between the residential plot of the petitioner and 14' P.C.C. Road, towards Kirtan Bhawan (Navtoli), P.S. Tank Laheria Sarai, in Mauza Govindpur, Thana no. 490, Anchal Bahadurpur, District, Darbhanga.

At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.2238 of 2020(2) dt.14-07-2022 2/2 seeks liberty on behalf of the petitioner to approach the respondent no. 5 by filing a fresh application as per the provisions contained in the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the "Act, 1956"). Liberty so sought, is granted.

Accordingly, the present writ petition stands disposed off and in case, appropriate application is filed by the petitioner before the respondent no. 5, within a period of four weeks from today, the respondent no. 5 shall take appropriate action, after hearing the affected parties as also adhering to the provisions contained under the Act, 1956, within a period of 12 weeks, thereafter.

(Mohit Kumar Shah, J) rinkee/- U