Patna High CourtCWJC/131/2016disposed

Shambhu Nath Bharat v. The State Of Bihar And ORS

2016-02-03Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.131 of 2016 ====================================================== Shambhu Nath Bharat, Son of Ramashish Mahto Resident of village - Chakmurad, P.S. Warisnagar, District - Samastipur .... .... Petitioner

Versus

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

2. The Principal Home Secretary, Government of Bihar, Patna

3. The Secretary, Revenue & Land Reforms, Government of Bihar, Patna

4. The Commissioner, Darbhanga Pramandal, Darbhanga

5. The District Magistrate, Samastipur

6. The Superintendent of Police, Samastipur

7. The Sub - Divisional officer, Samastipur

8. The Sub - Divisional Police Officer, Samastipur

9. The Circle Officer, Warisnagar, Samastipur

10. The Station House Officer, Warisnagar, Samastipur

11. Sukhdeo Mahto Son of Shiv Lal Mahto

12. Rajendra Mahto Son of Late Bhubneshwar Mahto

13. Mahadeo Mahto Son of Saryug Mahto

14. Umesh Kumar Son of Late Dhanichand Mahto All are resident of village - Mannipur, P.S. Warisnagar, District - Samastipur .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Singh, Mr. Dilip Kumar Roy, Advocate For the State : Mr. Dhirendra Kumar, A.C. to A.A.G. 10 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 03-02-2016 In view of the limited prayer made by the petitioner at the time of hearing, this writ application is being disposed of with a liberty to the petitioner to approach the respondent no.9, the Circle Officer, Warisnagar, Samastipur by filing an application under the Bihar Public Land Encroachment Act, 1956. Thereafter, the Circle Officer would be required to make necessary inquiry

Patna High Court CWJC No.131 of 2016 (2) dt.03-02-2016 2 / 2 and if he is prima facie satisfied that there is some encroachment upon the concerned public land then steps would be required to be taken in accordance with the procedure laid down under the aforesaid Act and bring the proceeding to its logical conclusion expeditiously preferably within a period of six months thereafter. However, if he is not satisfied that there is any encroachment upon the concerned public land then he would be required to pass a reasoned order which should be communicated to the petitioner immediately.

(Dr. Ravi Ranjan, J) Sanjay-II/- U