Ganga Prasad Bishwas v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15065 of 2017 ====================================================== Ganga Prasad Bishwas Son of Late Shiv Nath Bishwas, Resident of Nadai, P.S. Jamalpur, District Darbhanga, Presently resident of Akbarpur, Bank, Near J.K. College, Biraul, P.S. Biraul, District Darbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Divisional Commissioner, Darbhanga.

3.

District Magistrate, Darbhanga.

4.

The Deputy Collector Land Reforms, Biraul, District Darbhanga. 5.

The Sub. Divisional Magistrate, Biraul, District Darbhanga. 6.

The Block Development officer, Biraul, Darbhanga. 7.

Circle Officer, Biraul, District Darbhanga.

8.

The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga. 9.

The Principal Janta Kosi College, Biraul, District Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sameer Ranjan, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam -AAG 12 :

Mr. Md. Majid M. Khan, AC to AAG 12 For University (LNMU) :

Mr. Iqbal Asif Niazi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-04-2023 The present petition has been filed seeking the following reliefs :- "(i) For issuance of an appropriate writ/ writs, order/ orders or direction/ directions for commanding the respondents to remove the encroachments and illegal construction on public road/land (as described in para no. 4 of this writ application).

ii) For issuance of an appropriate writ/writs, to respondents specially respondent no. 9 to

Patna High Court CWJC No.15065 of 2017(2) dt.21-04-2023 2/2 make the public road, encroachment free area.

iii) For further direction to the respondents to remove Iron Gate from the public road."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Biraul, Darbhanga 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, Shivajinagar, Biraul, Darbhanga 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) rinkee/- U