Ramashanker Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5894 of 2021 ====================================================== Ramashanker Chaudhary Son of Rampati Chaudhary Resident of Village Shukul Pipra (Rajpur), P.O. - Shukulpipra, P.S. - Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner, Patna Patna 3.

The District Magistrate, Kaimur at Bhabua Kaimur at Bhabua 4.

The Land Reforms Deputy Collector, Kaimur at Bhabua Kaimur at Bhabua 5.

The Sub-Divisional Officer, Kaimur at Bhabua Kaimur at Bhabua 6.

The Circle Officer Mohania, Kaimur at Bhabua Kaimur at Bhabua 7.

Lal Bahadur Chaudhary Son of Rampati Chaudhary Resident of Village Sukulpipra (Rajpur), P.O. Shukulpipra, P.S. Mohania, District- Kaimur at Bhabua 8.

Rampati Chaudhary Son of Late Ganga Chaudhary Resident of Village Sukulpipra (Rajpur), P.O. Shukulpipra, P.S. Mohania, District- Kaimur at Bhabua ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-09-2022 The present writ petition has been filed seeking the following reliefs:

"(i) For issuance of Writ in the nature of Mandamus or any other appropriate writ/ direction to the respondents particularly Respondent No. 7 to 8 to remove the encroachment made in Mauza Sukulpipra upon Khata No. 43 Plot No. 71 area 38 decimal respectively in Block Mohania at Bhabua. The land in question Aam Public Road encroached the respondents No. 7 to 8.

Patna High Court CWJC No.5894 of 2021(2) dt.14-09-2022 2/2 (ii) For issuance of writ in the nature of Mandamus or any other appropriate writ/ direction to the respondents to start the encroachment case on the basis of application of petitioner (Annexure-1 series) dated on 17.07.2019, 16.12.2019, and 05.01.2021 before Circle Officer, Mohania and District Magistrate, Kaimur at Bhabua."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Mohania, District-Kaimur at Bhabua, 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, Mohania, District-Kaimur at Bhabua, 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) S.Sb/SonalU