Manoranjan Prasad Singh Akela @ Manoranjan Pd. Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3958 of 2020 ====================================================== 1.

Manoranjan Prasad Singh Akela @ Manoranjan Pd. Singh Son of Yogendra Singh Resident of Village- Tengaraha, P.s.- Minapur, District- Muzaffarpur 2.

Renuka Sinha Wife of Manoranjan Prasad Singh Akela Resident of Village- Tengaraha, P.s.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Muzaffarpur 3.

The Sub Divisional Officer, East Muzaffarpur 4.

The Deputy Collector Land Reform, East Muzaffarpur 5.

The Circle Officer, Mushahari Block, District- Muzaffarpur 6.

Sarbaru Jama @ Doctor Sarwar Son of Late Ahsan Daud, Resident of Mohalla- Kanhauli Bishnudatt Imamganj, Ward No. 11 (Old), Ward No. 18 (New), P.s.- Town Muzaffarpur, DistrictMuzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar. Adv.

For the Respondent/s :

Mr.Subash Chandra Yadav, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2022 The present writ petition has been filed seeking the following relief:- "i) For issuance of writ in the nature of mandamus commanding and directing the Respondents authority to remove the encroachment from Khata No. 531, Plot No. 161 measuring an area of 12 feet which has been

Patna High Court CWJC No.3958 of 2020(2) dt.27-09-2022 2/3 illegally encroached by the private respondent by making a temporary house and despite of the order passed by the Sub-Divisional Officer, East Muzaffarpur the encroachment from the land in question is not being removed.

ii) For further direction to the Respondents authority to enquire into the matter and take appropriate action against the Respondents concern who despite of order in collusion with the private respondent not taking any action for removal of the encroachment.

iii) For further direction to the Respondents authority to dispose of the representation of the petitioner by reasoned and speaking order within time framed."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Circle Officer, Mushahari Block, District Muzaffarpur, for redressal of his aforesaid grievances. Liberty so sought is granted. It is needless to state that in case the petitioners approach the Circle Officer, Mushahari Block, District Muzaffarpur, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of 4 weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties,

Patna High Court CWJC No.3958 of 2020(2) dt.27-09-2022 3/3 appropriate orders shall be passed thereon, forthwith. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U