Ram Lagan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2583 of 2023 ====================================================== Ram Lagan Sah Son of Anik Sah Resident of Village- Sahit Kasthara, P.S.- Vidhyapati Nagar, District- Samastipur.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, Samastipur.

3.

The Circle Officer, Vidhyapati Nagar, Dalsinghsarai, Samastipur. 4.

Sunaina Devi, Wife of Late Kameshwar Jha Resident of Village- Sahit Kasthara, P.S. Vidhyapati Nagar, District- Samastipur. 5.

Arjun Sah, Son of Late Larsing Sah Resident of Village- Sahit Kasthara, P.S. Vidhyapati Nagar, District- Samastipur.

6.

Raj Kumar Singh, Son of Late Hari Narayan Singh Resident of VillageSahit Kasthara, P.S. Vidhyapati Nagar, District- Samastipur. 7.

Devendra Singh, Son of Late Shikari Singh Resident of Village- Sahit Kasthara, P.S. Vidhyapati Nagar, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 26-09-2023 The present writ petition has been filed seeking the following relief:- "1. That this writ application being filed in the nature of Mandamus directing and commanding the respondent authority to remove the illegal encroachment made on the public called 'Aam Raasta' for the communication of general public of the locality situated under Mauza-Sahit, Khata No. 1243, Khesra No. 3740, Area about- 8 feet wide and 150 feet long which had been illegally

Patna High Court CWJC No.2583 of 2023 dt.26-09-2023 2/2 encroached by the private respondents no. 4 and 7, who have amalgamated the said public land with their own lands by way of making construction on it."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Vidhyapati Nagar, Dalsinghsarai, District-Samastipur, for redressal of his aforesaid grievance. Liberty so sought, is granted.

3.

It is needless to state that in case, the petitioner approaches the Circle Officer, Vidhyapati Nagar, Dalsinghsarai, 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, appropriate orders shall be passed thereon, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.09.2023 Transmission Date NA