Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2427 of 2023 ====================================================== Sanjay Kumar Singh Son of Chandrashekhar Singh Resident of VillageOraiya, Mapho, Police Station- Mehus, District- Sheikhpura. ... ... Petitioner/s

Versus

1.

The State of Bihar the Chief Secretary, Government of Bihar, Patna. 2.

The Collector-cum-the District Magistrate, Sheikhpura, District- Sheikhpura. 3.

The Sub-Divisional Officer, Sheikhpura, District- Sheikhpura. 4.

The Circle Officer, Ghat Kusumha, Block- Ghat Kusumha, Police StationSheikhpura, District- Sheikhpura. 5.

Dr. Jagdish Sharma, Son of Late Rajeshwar Sharma Resident of VillageOraiya, Police Station- Mehus, District- Sheikhpura. 6.

Anku Singh, Son of Late Ram Sewak Singh Resident of Village- Oraiya, Police Station- Mehus, District- Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Prasad Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-02-2023 The present writ petition has been filed seeking the following reliefs:- "That this writ petition is being filed on behalf of the petitioner for issuance of an appropriate order/orders/direction/directions writ in the nature of mandamus directing/commanding to the Respondents to vacate the

Patna High Court CWJC No.2427 of 2023(2) dt.24-02-2023 2/3 Gairmazarua land situated at Mauza- Oraiya, Thana No. 206, Khata No. 166, Khesra No.

18, 22 and 28, Area- 05 Decimal, 14 Decimal and 49 Decimals Total Area 68 Decimals, encroached by the Respondent No. 5 & 6 by which the petitioner alongwith Villagers are facing problems of existing (Aam Rasta) of people and animals as well as drainage of the whole Village."

At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Ghat Kusumha, District-Sheikhpura for redressal of the aforesaid grievances.

Liberty so sought is granted.

It is needless to say that in case appropriate application is filed by the petitioner before the respondent no.4 within a period of four weeks from today, the respondent no.4 shall enquire into the matter and if so desired/warranted, shall initiate appropriate proceedings under the provisions of the Bihar Public Land Encroachment Act, 1956 for removal of the encroachment in question, and shall then pass appropriate orders in accordance with law, after hearing the effected parties, within a period of six weeks thereafter.

Accordingly, the present writ petition stands disposed

Patna High Court CWJC No.2427 of 2023(2) dt.24-02-2023 3/3 of on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U