Subhash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7716 of 2021 ====================================================== Subhash Sharma son of Poshan Sharma resident of Village - Fatahpur, P.S. - Rosera, District- Samastipur.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Rosera, Samastipur. 4.

The Circle Officer, Rosera, Samastipur.

5.

Prema Devi, Mukhiya, Gram Panchayat Raj Motipur, Rosera, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar Singh For the Respondent/s :

Mr. Rishi Raj Sinha (SC19) Mr. Saurabh Kumar, AC to SC 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2023 Heard the learned counsel for the parties.

2. This application has been filed for directing the Circle Office, Rosera, Samastipur (respondent no. 4) to remove the illegal construction on the private land of the petitioner bearing Mouza Motipur, Thana No. 49, Khata 43 (old) and 482(new), Khesra 942, 943(old), Kheshra 1667, 1663 and Khata 377 (Old), Kheshra 865(Old), Khata No. 94, Khesra No. 898(old) under Anchal-Rosera, Samastipur.

3. Learned counsel for the State submits that in this regard, no application has been filed before the Circle Office, Rosera, Samastipur (respondent no. 4).

Patna High Court CWJC No.7716 of 2021(2) dt.10-10-2023 2/2

4. Having regard to the facts and circumstances of the case and considering the fact that it is a case of encroachment, petitioner is advised to file representation before the Circle Office, Rosera, Samastipur (respondent no. 4) who is the competent authority to look into the matter.

5. This application is disposed of with direction to the petitioner to move before the competent authority within a period of six weeks from today.

6. If any such application is filed by the pettitioner, the Circle Office, Rosera, Samastipur (respondent no. 4) is directed to dispose of the same after hearing all the parties in accordance with law within a period of six months from the date of receipt/production of a copy of this order.

7. With the aforesaid observation and direction, this application is disposed of.

(Prabhat Kumar Singh, J) Shishir/- U