Ranvir Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8306 of 2021 ====================================================== Ranvir Kumar Sah son of Sri Upendra Sah resident of Village Mojahidpur, Gram Panchayat - Rampur Urf Rahimpur, P.S. Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Khagaria. 2.

The Chairman, Zila Parishad, Khagaria.

3.

The Superintendent of Police, Khagaria.

4.

The Additional Collector, Khagaria.

5.

The S.D.O., Gogari, District- Khagaria.

6.

The D.C.L.R., Gogari, District- Khagaria.

7.

The Circle Officer, Parbatta Anchal, District- Khagaria. 8.

Shrawan Kumar Bhagat son of Ram Charitra Bhagat resident of Village - Temtha, Lenin Nagar, Block and P.S. parbatta, District- Khagaria. . ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Sager Sharma,Advocate For the Respondent/s :

Mr.Subash Chandra Yadav,GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2022 The present writ petition has been filed seeking the following reliefs:- "a) To direct the respondent no.8 not to encroach and fence the Gairmajarua Aam land appertaining to Khata No. 69, Khesra No.34, Tauji No. 525, Thana No. 373/1, area 13 katha 12 dhurs situated under Gram Panchayat Rahimpur, P.S. & Anchal-Parbatta, District-Khagaria, which is used for the public in general and a stone pillar has been fixed for construction of Girl Middle School by the then M.L.A. Shri Ramanand Prasad Singh.

b) To direct the respondent no.8 not to make any unauthorized and illegal construction for his private purpose upon the aforesaid government land and further not to disturb the local residents from free use of the public road.

c) To direct the respondent-State authorities to make sure that no hindrance be created in the use of

Patna High Court CWJC No.8306 of 2021(2) dt.22-09-2022 2/2 government land by local residents and restore the original shape of the land as per its Khatiyan and Map of revenue department.

d) To stay any further construction/fencing on the aforesaid Government Gairmajarua Aam land, till the pendency of the instant writ petition."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Parbatta, District-Khagaria, 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, Prabatta, District-Khagaria, 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 aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU