Bhola Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2705 of 2024 ====================================================== Bhola Chaudhary Son of Late Shivbachan Chaudhary Resident of VillageGanganjal, P.O.- Dighwara, P.S.- Dariyapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the District Magistrate, Saran at Chapra. 2.

The District Magistrate, Saran at Chapra.

3.

The Superintendent of Police, Saran at Chapra. 4.

The Sub Divisional Officer, Sonpur, Chapra.

5.

The Circle Officer, Dariyapur, Saran 6.

The Deputy Collector Land Reforms, Sonpur, Chapra. 7.

Dhananjay Sharma Son of Late Ramakant Sharma Resident of VillageSajjanpur, P.O.- Dighwara, P.S.- Dariyapur, District- Saran at Chapra. 8.

Janmajay Sharma Son of Late Ramakant Sharma Resident of VillageSajjanpur, P.O.- Dighwara, P.S.- Dariyapur, District- Saran at Chapra. 9.

Dharmveer Sharma Son of Late Ramakant Sharma Resident of VillageSajjanpur, P.O.- Dighwara, P.S.- Dariyapur, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amish Kumar, Advocate For the Respondent/s :

Mr.Prashant Pratap, GP-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For direction to the Respondents concern to initiate Encroachment proceeding under the Bihar Public Land Encroachment Act, 1956 against the respondent no. 7 to 9 for encroaching upon public road measuring about 10 dhur situated in Khesra No. 74, Mauza-Sajjanpur Matihan, Thana No. 328, Tauzi No. 336.

(ii) For direction to the Circle Officer, Dariyapur, Saran to initiate Encroachment Case against the

Patna High Court CWJC No.2705 of 2024(2) dt.02-05-2024 2/2 respondent no. 7 to 9 for Encroaching upon the public road measuring about 10 dhur situated in Khesra No. 74, Mauza-Sajjanpur Matihan, Thana No. 328, Tauzi No. 336.

(iii) For direction to the respondents concern to consider and dispose of the representation filed by the petitioner dated 29.09.2023 followed by reminder dated 26.12.2023 (Annexure-P/2 Series)."

2. After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no.5 i.e. the Circle Officer, Dariyapur, Saran for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed by the petitioner under the provisions of the Bihar Public Land Encroachment Act, 1956, before the respondent no.5, within a period two weeks from today, appropriate action, in accordance with law and after hearing the affected parties shall be taken by the respondent no.5, forthwith.

4. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U