Bharat Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6384 of 2021 ====================================================== Bharat Prasad Sharma Son of Late Ram Lakhan Singh Resident of Village - Bakhtar, P.S. - Mehendiya, District- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate Bihar 3.

The Sub-Divisional Magistrate, Bihar.

4.

The Circle Officer, Kaler, District-Arwal, 5.

Officer Incharge, Mahendiya Police Station, District-Arwal, 6.

Arvind Kumar S/o-Late Ram Chandra Singh Resident of Village-Bakhtar, P.S.-Mehendiya, District-Arwal.

7.

Santosh Sharma S/o-Late Brahmdeo Singh Resident of Village-Bakhtar, P.S.-Mehendiya, District-Arwal.

8.

Jairam Sharma S/o Late Rajanandan Singh Resident of Village-Bakhtar, P.S.-Mehendiya, District-Arwal.

9.

Rakesh Kumar S/o-Satrughan Sharma. Resident of Village-Bakhtar, P.S.- Mehendiya, District-Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahasweta Chatterjee, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-09-2022 The present petition has been filed seeking the following reliefs :- "(i) For commanding the respondent no. 4 to take necessary action to remove the encroachment over the public road, encroached by the respondent 2nd set immediately without any delay.

(ii) For commanding the respondent no. 4 restraining the respondent 2nd set from

Patna High Court CWJC No.6384 of 2021(2) dt.09-09-2022 2/2 further encroachment and creating disturbance to the petitioner and public by way of encroaching further portion of the public road."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Kaler, Arwal 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, Kaler, Arwal 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