Vijay Kumar Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11009 of 2017 ====================================================== Vijay Kumar Jha Son of Sri Raj Kumar Jha Resident of Village - Dhangar Madanpur, P.S. - Parsauni, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue Department, Govt. of Bihar, Patna 2.

The Collector-Cum-District Magistrate, Sitamarhi. 3.

The Sub Divisional Magistrate, Belsand, Sitamarhi. 4.

The Circle Officer, Parsauni, Sitamarhi.

5.

Ramesh Kumar Jha son of Late Kedarnath Jha Resident of Mohalla - Dhangar Mandapur, P.S. - Parsauni, District - Sitamarhi. 6.

Shail Devi wife of Ramesh Kumar Jha R/o Village - Dhangar, Mandapur, P.S. Parsauni, District - Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Virendra Kumar,Adv.

For the Respondent/s :

Mr.Sajid Salim Khan,SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-04-2023 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of the appropriate writ of Mandamus or other and for directions commanding the respondents to remove the encroachment from the Public Land (Rasta) bearing Khata No. 1607, Khesra No. 1183 under Thana No. 33, Area-3 Decimal, Mauza+Village- Madanpur, P.S.- Parsauni, District-Sitamarhi which is recorded in the Sirishta of Government of Bihar and the

Patna High Court CWJC No.11009 of 2017(2) dt.21-04-2023 2/3 same has been encroached and possessed by construction made by private respondent No. 5 & 6 Ramesh Kr.

Jha.

However, earlier on the complaint, proceedings were initiated, Anchal Amin reported the encroachment and the C.O verified the same even, the S.D.M also directed to remove the encroachment on report of C.O. and Amin, by letters showing letter numbers as stated hereinafter but neither encroachment case was registered nor final decision was taken as per provisions resultantly the said encroachment is still in existence and all proceedings are kept in abeyance as being not effective since year 2011."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Parsauni, DistrictSitamarhi, 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, Parsauni, District-Sitamarhi, by filing appropriate petition under the provisions of the Bihar Public Land

Patna High Court CWJC No.11009 of 2017(2) dt.21-04-2023 3/3 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