Mintu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7933 of 2021 ====================================================== Mintu Devi wife of Ramadhar Thakur resident of Village - Sedukha, ward no. 12, P.S. - Khanpur, 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, Samastipur.

4.

The Circle Officer, Khanpur, Samastipur.

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

For the Petitioner/s :

Mr.Ghanshyam Choudhary For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2022 The present writ petition has been filed seeking the following reliefs:- "1. That the Respondent Nos. 2, 3 and 4 may be directed to remove the encroachment from the public road / public land situated in Gram Panchayat Raj Sadipur, Ward No. 12, MauzaSedukha, Thana No. 215, Khesra No. 1525 and 1534, under Khanpur Block, Samastipur Bihar."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Khanpur, District-

Patna High Court CWJC No.7933 of 2021(2) dt.22-09-2022 2/2 Samastipur 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, Khanpur, District-Samastipur 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, as also considering the law laid down by the learned Division Bench of this Court in the case of Vijay Vasayayan vs. State of Bihar & Ors. (CWJC No. 3298 of 2004), vide judgment dated 18.3.2004, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U