Ram Balak Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2002 of 2023 ====================================================== Ram Balak Sahni S/o Late Ramlal Sahni, R/o Village- Saghanpura Panchayat Hareli, P.S.- Kathaiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Magistrate-cum-Collector, Muzaffarpur. 4.

The Additional Collector, Muzaffarpur.

5.

The Sub Divisional Officer, West Muzaffarpur. 6.

The Deputy Collector, Land Reforms (West) Muzaffarpur. 7.

The Circle Officer, Motipur, District - Muzaffarpur. 8.

The S.H.O. Kathaiya Police Station, District - Muzaffarpur. 9.

Deo Narayan Rai, Son of Late Kunj Bihar Rai, R/o Village- Saghanpura, P.S. - Kathaiya, District - Muzaffarpur.

10.

Ram Narayan Rai, Son of Late Kunj Bihar Rai, R/o Village- Saghanpura, P.S. - Kathaiya, District - Muzaffarpur.

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

For the Petitioner/s :

Mr.Raju Kumar For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2023 The present writ petition has been filed seeking the following reliefs:- "1(I). To issue an appropriate order/s, direction/s including a writ preferably in nature of Mandamus commanding and directing upon the respondent No. 7 (Circle

Patna High Court CWJC No.2002 of 2023(2) dt.29-03-2023 2/3 Officer, Motipur) to remove the encroachment from the Government Road appertaining to Thana No. 280, Khata No.

176, Khesara No. 4963 situated in mauza Saghanpura, P.S.-Kathaiya, DistrictMuzaffarpur said to be encroached by the private respondents constructing hutment causing difficulty to the public at large.

(11) To direct the respondent No. 07 to expedite the hearing of Case No. 301 of 2022-23 and conclude the same with its logical end and removed encroachment accordingly."

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

Patna High Court CWJC No.2002 of 2023(2) dt.29-03-2023 3/3 aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U