Md. Zawed v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2811 of 2019 ====================================================== Md. Zawed, Son of Abdur Rashid Resident of Village- Basantpur, P.O.- Mainatand, P.S. Mainatand, District- West Champaran. ... ... Petitioner.

Versus

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

2. The District Magistrate, West Champaran at Bettiah.

3. The Anchal Adhikari, Mainatand at and P.O. Mainatand, District- West Champaran at Bettiah.

4. Sk. Wahid Son of Sk. Amin

5. Sk. Abdullah Son of Sk. Gaffar

6. Sk. Jamir Son of Sk. Gaffar

7. Sk. Safique Son of Sk. Gaffar

8. Sk. Garsul Son of Sk. Jabbar

9. Sk. Jaiful Son of Sk. Jabbar &

10. Sk. Raiful Son of Sk. Bhola All residents of Village- Basantpur, P.O.- Mainatand, P.S. Mainatand, DistrictWest Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakti Suman Kumar For the Respondent/s :

Mr.Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and the State. The present writ application has been filed by the petitioner for the following relief :

"For issuance of an appropriate writ in the nature of mandamus or direction/order commanding the respondent nos. 1 to 3 to take immediate action for removal of encroachment from the public road/flank of public road comprising Khata no. 111 bearing R.S. Plot No. 610 of village

Patna High Court CWJC No.2811 of 2019(2) dt.20-02-2019 2/3 Basantpur, P.S. and Anchal Mainatand, District-West Champaran which has been encroached by the private respondent Nos. 4 to 10".

On the basis of application, made before the Anchal Adhikari, Mainatand at and P.O. Mainatand, District- West Champaran at Bettiah (Respondent No. 3), an inquiry was conducted and it was found that the private respondents had encroached upon the public land. The inquiry report is Annexure-2 to the present application. In pursuance to the said inquiry report, the Anchal Adhikari, Mainatand at and P.O. Mainatand, District- West Champaran at Bettiah (Respondent No. 3) issued notice upon the private respondents on 26-022015. Thereafter, the matter remains pending and till date, no order has been passed under the Bihar Public Land Encroachment Act.

Considering the aforesaid facts and circumstances, the petitioner is directed to file a representation before the District Magistrate, West Champaran at Bettiah (respondent No.

2) within a period of 30 days from today. The respondent No. 2 shall pass appropriate order/s in accordance with law within a period of four months from the date of filing of such representation, after hearing the all concerned parties.

Patna High Court CWJC No.2811 of 2019(2) dt.20-02-2019 3/3 With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U