Pankaj Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10987 of 2017 ====================================================== 1.

Pankaj Kumar Son of Awodh Bihari Singh 3.

Mantu Kumar Son of Sukh Nandan Sah. All are the Resident of VillageMorojhiyan, P.s.-Nasriganj, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Land Reform and Revenue Department, Government of Bihar, Patna.

2.

The District Magistrate, Rohtas at Sasaram.

3.

The Sub-Divisional Officer, Bikramganj, Rohtos. 4.

The Circle Officer, Nasriganj, Rohtas 5.

Rajeshwar Prasad Singh Son of Late Ram Ashraey Singh 6.

Arbind Kumar 7.

Sanjeev Kumar, Petitioners no. 6 to 7 Both are the Sons of Rajeshwar Prasad Singh, Resident of Village-Marojhiyan, P.S. Nasriganj District-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-11-2019 The present writ petition has been filed for directing the respondent authorities to remove the encroachment from the piece of public/ government land situated at Mauza Merojhiyan, Thana No. 42, Khata No. 305, Plot No. 689, area 0.1 decimal, which has been illegally and forcibly encroached by the respondents no. 5 to 7.

This Court is of the opinion that in case the petitioner is seeking removal of encroachment from the public/ Government land, he is required to approach the Circle Officer,

Patna High Court CWJC No.10987 of 2017(2) dt.14-11-2019 2/2 Nasriganj, Rohtas by filing an appropriate complaint in the present case.

At this juncture, the learned counsel for the petitioner submits that the Circle Officer, Nasriganj, Rohtas has already initiated Encroachment Case No. 2 of 2016-17, however, the same has not been finalized.

Having regard to the facts and circumstances of the case, the Circle Officer, Nasriganj, Rohtas is directed to dispose of the aforesaid Encroachment Case No. 2 of 2016-17, after seeking objections from the encroachers and considering the same, by passing final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, expeditiously. The writ petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U