Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2418 of 2020 ====================================================== Pankaj Kumar son of late Mahendra Prasad Singh resident of VillageBakarpur, P.O. Jatdumari, P.S. Punpun, District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

The Under Secretary, C.M Secretariat, Patna, Bihar. 3.

The District Magistrate, Patna.

4.

The Sub- Divisional Magistrate, Masaurhi, District Patna. 5.

The Circle Officer, Punpun, District Patna.

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

For the Petitioner/s :

Mr.Purushotam Sharma,Advocate For the Respondent/s :

Mr.Raj Kishore Roy,GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2022 The present writ petition has been filed seeking the following reliefs:- "i) For issuance of an appropriate writ for directing the respondents authorities to ensure to make the Public Land encroachment free as some persons have encroached upon the land pertaining- Mauza Bakarpur, Thana No. 35, Plot (Khesra) No.331, 821, 178, 135, 275, 281, 283, 282, 573. Mauza Sikandarpur, Thana No. 36, Plot (Khesra) No. 435, 436 and 440.

The above land were used previously as paein (to flow water) by which Agricultural land were irrigated.

The above land have been encroached by some persons in unauthorized manner which has completely disrupted irrigation and road system of villagers causing inconvenience to the villagers as well as other passersby of adjacent villages.

Patna High Court CWJC No.2418 of 2020(2) dt.19-09-2022 2/2 ii) For holding that the respondents authorities are duty bound to make the Public lands free from encroachment as soon as the same is brought to their knowledge following due procedure of law and they cannot sit tight over the matter especially were several representation have been given about the encroachment to the respondents authorities." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Punpun, District-Patna 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, Punpun, District-Patna, 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