Shekh Shamshad Ali @ Sheikh Aamshad Ali v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20442 of 2018 ====================================================== Shekh Shamshad Ali @ Sheikh Aamshad Ali Son of Shekh Mokhtar, Resident of Village- Lakri Makariyar, Hasua, Police Station- Siwan Muffasil Dhanauti O.P., District- Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, Siwan.

3.

The Sub Divisional Officer, Siwan.

4.

The Circle Officer, Siwan Sadar Circle, District- Siwan. 5.

Saukat Ali, Son of Islam Mian, Resident of Village- Lakri Makariyar, Hasua, Police Station- Siwan Muffasil Dhanauti O.P., District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh, Adv.

For the Respondent/s :

Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 The present writ petition has been filed seeking the following reliefs:- "1(i). To issue a writ in the nature of mandamus to direct the respondents to remove the encroachment made by the private respondent no. 5 hereof, over the piece of land bearing Khesra No. 120, situated at Mauza Lakri Makriyar, P.S.-Siwan Muffasil (Dhanauti O.P.), Circle Office-Siwan Sadar, District-Siwan for the reasons that this encroachment has cause various difficulties to the all residents of the locality/village.

Patna High Court CWJC No.20442 of 2018(2) dt.06-09-2022 2/2 (ii) To hold and declare that none is entitled to encroach over the public land subjected for use of society.

(iii) to hold and declare that state local authority is obliged to remove the encroachment from the public land, as such the encroachment over the said land is fit to be removed."

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

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U