Uday Chandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4355 of 2020 ====================================================== Uday Chandra Jha son of Late Rameshwar Jha, resident of MauzaBhor, Tole- Hanuman Nagar, P.s.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Principal Secretary, Land Reforms Department, Govt. of Bihar 2.

The District Magistrate, Madhubani 3.

The D.C.L.R. Madhubani 4.

The Circle Officer, Pandaul, District- Madhubani 5.

Circle Inspector, Pandaul, District- Madhubani 6.

The S.H.O. Pandaul Police Station, District- Madhubani 7.

Sri Umesh Chandra Jha Son of Late Basuki Jha, resident of Mauze- Bhor, Tole- Hanuman Nagar, District- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Jha For the Respondent/s :

Mr.Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2022 The present writ petition has been filed seeking the following relief:- "(i) To issue a writ in the nature of mandamus for a direction to the respondent authorities to remove the encroachment from khesra no. 6006 (old), 6659 and 6661(new) of Mauza Bhor, Tole Hanumar Nagar which is registered as Gair Mazrua Aam Rasta (Annexure-1) in Revisional Survey, has been encroached by private

Patna High Court CWJC No.4355 of 2020(2) dt.27-09-2022 2/3 respondent no. 7.

ii) To issue a writ in the nature of mandamus for a direction to the respondents authorities specially to respondent no. 5 to remove the encroachment from disputed site because the said road is only way out for the petitioner and other villagers also, which connect to the main road of the village.

Iii) To issue an appropriate writ/ writs, order/ orders, direction/ directions to the respondent authorities to specially to respondent no. 6 to keep law and order under control while removing the encroachment from the dispute site."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Pandaul, District Madhubani, for redressal of his aforesaid grievances. Liberty so sought is granted. It is needless to state that in case the petitioner approaches the Circle Officer, Pandaul, District Madhubani, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of 4 weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate

Patna High Court CWJC No.4355 of 2020(2) dt.27-09-2022 3/3 orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U