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Patna High CourtCWJC/6841/2021disposed

Satyendra Narayan Sah v. The State Of Bihar

2022-09-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6841 of 2021 ====================================================== Satyendra Narayan Sah Son of Jodhan Sah Resident of Mahichanda, Tulapatti, Anchal-Pipra, Police Station-Pipra, District-Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna.

2.

The District Magistrate, Supaul.

3.

The Sub Divisional Public Complain Redressal Officer, Supaul. 4.

The Circle Officer, Pipra, District-Supaul.

5.

Bechni Devi Wife of Maheshwar Paswan Resident of Village-Maehichanda, Tulapatti, Police Station-Pipra, District-Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-09-2022 The present petition has been filed seeking the following reliefs :- "(i) For issuance of a writ in the nature of certiorari for quashing the order dated 29.07.2019, passed by District Magistrate, Supaul whereby application filed by the petitioner for removing the encroachment from the land in question has been rejected.

(ii) For issuance of writ in the nature of certiorari for quashing of order dated 06.03.2020 passed by respondent no. 3 whereby application filed by the petitioner for removing encroachment from the land has been refused and dropped proceeding.

Patna High Court CWJC No.6841 of 2021(2) dt.09-09-2022 2/2 (iii) For issuance of writ in the nature of mandamus directing the respondent authority concerned to remove encroachment from the public road in question bearing Khata no.

279, Khesra no. 449, Mauza-Mahichanda of District-Supaul encroached by respondent no. 5."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Supaul, for redressal of his aforesaid grievances. Liberty so sought, is granted.

It is needless to state that in case, the petitioner approaches the District Magistrate, Supaul, 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) rinkee/- U