Rama Shankar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16829 of 2017 ====================================================== Rama Shankar Prasad Son of Late Jaga Prasad, Resident of VillageKatgharuwa, P.S. Muffasil, District- Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

3.

District Magistrate-Cum- Collector, Buxar.

4.

Sub- Divisional Officer, Buxar.

5.

Anchal Adhikari, Chausa, District Buxar.

6.

Gopal Sao Son of Late Saryu Sao.

7.

Jawahar Sao Son of Late Shyam Bihari Sao.

8.

Guddu Yadav Son of Late Gariban Yadav.

9.

Dinanath Kushwaha Son of Late Shyam Lal Kushwaha. 10.

Bhola Kushawaha Son of Late Shyam Lal Kushwaha. Respondent No. 6 to 10, Resident of Village- Katgharwa, P.S. Muffasil, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Sajid Salim Khan-Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2023 The present writ petition has been filed seeking the following relief:- "1. To issue a writ of Mandamous or any other Writ or writs, direction or directions to commanding upon the state respondents to get the encroachment removed from the Public land in Rasta through which the Petitioner and other villagers used to go at their home but by the encroachment made by the private respondents, who have constructed their huts and have affixed Khuta, Nad over the same

Patna High Court CWJC No.16829 of 2017(2) dt.24-04-2023 2/2 and tie their cattle by which the road has become narrow. The description of the Public land, Rasta is given in subsequent paras."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Chausa, District-Buxar, 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, Chausa, District-Buxar, 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) Ajay/- U