Bikram Pratap Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4337 of 2020 ====================================================== Bikram Pratap Deo, Son of Sri Ramadhar Singh, Resident of Village- Bara Dih, P.S. Atri, P.O. Birnai, District- Gaya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

District Magistrate, District- Gaya.

3.

Deputy Commissioner, District Office- Gaya.

4.

Anumandaliya Lok Shikayat Niwaran Padadhikari, Anumandal- Neem Chak, Bathani, District- Gaya.

5.

Circle Officer, Anchal- Atri, Sub- Division- Neemchak Bathani, DistrictGaya. 6.

Block Development Officer, Block Atri District- Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC-25 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 26-02-2020 The petition filed on 25.02.2020 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned

Patna High Court CWJC No.4337 of 2020 dt.26-02-2020 2/3 counsel for the respondents.

Petitioner has prayed for the following relief: "For issuance of a writ in the nature of writ of mandamus directing the respondents to remove the encroachment from road of Aam Gairmajarua bearing plot no. 749, 777 and 813 which are situated at Village- Bara Dih, Panchayat Ghusari, P.O. Birnai, P.S.- Atri, District- Gaya about hundred peoples have constructed hut on road land, they also keep animals cow-dung on the road due to which people are facing trouble and disease are also spread out due to garbage."

Finding the Court not to be in favour of the submissions made at the Bar, learned counsel for the petitioner submits that petitioner shall be content if petitioner is allowed to initiate proceedings under the provisions of the Bihar Public Land Encroachment Act.

Liberty Granted.

This Court is hopeful that as and when any such proceedings are initiated, the same shall be dealt with and decided by the authority concerned in accordance with law and with reasonable dispatch, expeditiously and positively within a period of nine months from the date of receipt thereof. It is made clear that we have not expressed any

Patna High Court CWJC No.4337 of 2020 dt.26-02-2020 3/3 opinion on the merits of the case.

Petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) (S. Kumar, J) P.K.P./-Utkarsh AFR/NAFR CAV DATE Uploading Date 27.02.2020 Transmission Date