Raghu Bansh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10523 of 2019 ====================================================== Raghu Bansh Mahto, aged about 63 years, Male, S/o Late Shivji Mahto Resident of Village-Adalpur,P.S. Patory,Anchal-Patory,Dist.-Samastipur ... ... Petitioner

Versus

1.

The State Of Bihar through Principal Secretary, Department of Revenue, Land Reforms, Govt. of Bihar, Patna 2.

That District Magistrate, Samastipur 3.

The Divisional Officer, Patory, Dist.-Samastipur 4.

That D.C.L.R. Patory Dist.-Samastipur 5.

The Circle Officer, Patory, Dist.-Samastipur 6.

Dipu Mahto S/o Daroga Mahto 7.

Dharmnath Mahto S/o Daroga Mahto 8.

Anil Mahto 9.

Prem Mahto 10.

Jitendra Mahto 11.

Kumod Mahto All 8 to 11 are father of Dipu Mahto and 6 to 11 Resident of VillageAdalpur, P.S. Patory, Anchal-Patory, Dist.-Samastipur ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar Singh, Adv.

For the Respondent/s :

Mr. Vinay Kumar Pandey, AC to GA2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 10-05-2019 Heard the parties.

Waiving of the defect, we take up the matter for consideration on merits and when we have heard Mr. Deepak Kumar Singh, learned counsel appearing for the petitioner and Mr.

Patna High Court CWJC No.10523 of 2019 dt.10-05-2019 2/3 Vinay Kumar Pandey, learned Assisting Counsel to Government Advocate No.2 for the State.

The petitioner complains against the encroachment existing on a land stated to be Aam Rasta bearing Khata No. 146, Khesra No. 215, Tauzi No. 3962 having an area of 3 dhurs situated in village Mauza Adalpur, P.S., Anchal and Sub-Division Patory in the District of Samastipur by the private respondents. Except for enclosing representation, there is no other material on record which would confirm that the petitioner has moved the Statutory Authority i.e. respondent no. 5 by filing duly constituted complaint under Section 3 of the Bihar Public Encroachment Act, 1956. There is a representation on record but it does not satisfy the legal requirements.

In such view of the matter, we allow the petitioner to file a duly constituted complaint before the respondent no.5 by arraigning the alleged encroachers and explaining the encroachment and it goes without saying that any such complaint so filed shall be considered and be disposed of by the said Statutory Authority in accordance with law and with due opportunity of hearing to the complainant as well as the alleged encroachers expeditiously and preferably within six months of filing of such complaint.

Patna High Court CWJC No.10523 of 2019 dt.10-05-2019 3/3 The writ petition is disposed of with the directions above.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J)0 Anjula/surendra AFR/NAFR NAFR CAV DATE NA Uploading Date 22.05.2019 Transmission Date NA