Mukhdev Ram @ Mukhdev Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4485 of 2020 ====================================================== Mukhdev Ram @ Mukhdev Paswan Son of Shiv Ram, Resident of Village and Post Office- Anchha, P.S. Daudnagar, District- Aurangabad. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Aurangabad.

3.

The Sub Divisional Officer, Daudnagar, District- Aurangabad. 4.

The Circle Officer, Daudnagar, District- Aurangabad. 5.

The Officer-in-Charge, Daudnagar, District- Aurangabad. 6.

Ajay Paswan, Son of late Bharthari Paswan, Resident of Village and Post Office- Anchha, P.S. Daudnagar, District- Aurangabad. 7.

Dhanjay Paswan, Son of late Bharthari Paswan, Resident of Village and Post Office- Anchha, P.S. Daudnagar, District- Aurangabad. 8.

Haridwar Paswan, Son of late Tikar Paswan, Resident of Village and Post Office- Anchha, P.S. Daudnagar, District- Aurangabad. 9.

Dwarik Paswan, Son of late Faguni Ram, Resident of Village and Post Office- Anchha, P.S. Daudnagar, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Chandra BhaskarAdvocate For the Respondent/s :

Mr.Subash Chandra Yadav ( GP15 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2022 The present petition has been filed seeking the following reliefs :- "(i) For a direction to the respondent authority to remove encroachment from Khata no. 555, Plot no. 712, Area-45 decimals land upon which private respondents have constructed "chabutara" covered with soil due to which drain or canal of the petitioner and villagers became blocked.

(ii) For a direction to the respondent authority to

Patna High Court CWJC No.4485 of 2020(2) dt.10-10-2022 2/2 take the legal action against the private respondents who have not removed encroachment from public land Khata no. 555, Plot no. 712, Area-45 decimals situated at Village+ Post- Anchha, PS- Daudnagar, DistrictAurangabad inspite of the order dated 03.10.2018 passed by Sub-Divisional Public Grievances Redressal Officer, Daudnagar, District-Aurangabad."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Daudnagar, Aurangabad for redressal of his aforesaid grievances. Liberty so sought, is granted.

It is needless to state that in case, the petitioner approaches the Circle Officer, Daudnagar, Aurangabad 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