Mangal Mandar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2657 of 2020 ====================================================== Mangal Mandar son of Bhola Mandal @ Thithar Mandal Resident of VillagePauda, P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

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

The Divisional Commissioner, Darbhanga Division, Darbhanga. 3.

The District Magistrate cum Collector, Darbhanga. 4.

The S.D.O. Sadar, Darbhanga.

5.

The C.O., Baheri Circle, Darbhanga.

6.

The S.H.O. Baheri P.S.- Darbhanga.

7.

Anil Kumar son of Ram Lakhan Mandal Resident of Village- Pauda, P.S.- Baheri, District- Darbhanga.

8.

Sunil Kumar son of Ram Lakhan Mandal Resident of Village- Pauda, P.S.- Baheri, District- Darbhanga.

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

For the Petitioner/s :

Mr.Shambhu Nath Jha, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2022 The present writ petition has been filed seeking the following relief:- "(I) For issuance of writ/writs in the nature of mandamus commanding the respondents to immediately remove the encroachment over the land situated in old Khesra No. 1970.

(II) For commanding the respondents as to why the encroachment has not been removed despite the order passed by the Additional District Collector (Public Grievance Redressal Officer, Darbhanga).

Patna High Court CWJC No.2657 of 2020(2) dt.20-09-2022 2/2 (III) For commanding the respondents as to why the Public Land which has been used as a common way and also means of irrigation has been encroached."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Baheri Circle, District Darbhanga, 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, Baheri Circle, District Darbhanga, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of 4 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) Tiwary/Saurav U