Vivekanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5366 of 2021 ====================================================== VIVEKANAND JHA Son of Jai Prakash Jha At present resident of villageFakirna, Ward no. 6, P.s.- Rosera, District- Samastipur, Permanent resident of village- Patsha, Circle and P.s.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate-cum-Collector, Samastipur 2.

The Deputy Collector, Land Reform, Rosera, District- Samastipur 3.

The Circle Officer, Hasanpur Circle, District- Samastipur 4.

Shobha Kant Jha Son of Damodhar Jha Resident of village- Patsa, P.s.- Hasanpur, District- Samastipur 5.

Shanti Jha Son of Damodhar Jha Resident of village- Patsa, P.s.- Hasanpur, District- Samastipur 6.

Vibhutinath Jha Son of Damodhar Jha Resident of village- Patsa, P.s.- Hasanpur, District- Samastipur 7.

Devendra Jha Son of Rama Kant Jha Resident of village- Patsa, P.s.- Hasanpur, District- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Kumar,Advocate For the Respondent/s :

Mr.Lalit Kishore,AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2022 The present writ petition has been filed seeking the following reliefs:- "1. That the present writ application is being directed for the issuance of a writ in the nature of Mandamus or any appropriate writ/s commanding the respondents concerned to remove the encroachment made by the private respondents over the public land measuring about 9 decimal appertaining to Khata No.791, Plot No. 2029 and 2038 as the petitioner and other 11 families have

Patna High Court CWJC No.5366 of 2021(3) dt.21-09-2022 2/2 been prevented from using the public road by the encroacher i.e. private respondents."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Hasanpur, District-Samastipur, 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, Hasanpur, District-Samastipur, 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.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU