Prabhu Nath Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19009 of 2016 =========================================================== Prabhu Nath Mishra son of Late Ramashish Mishra Resident of village - Maharani, P.S. Pipara, District - East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna.

2. The District Magistrate, East Champaran, Motihari.

3. The Land Reforms Officer, Chakiya, East Champaran.

4. The Sub-Divisional Officer, Chakiya, East Champaran.

5. The Circle Officer, Chakiya, Motihari, East Champaran. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. Mr. Sanjiv Kumar, Advocate.

For the Respondent/s : Mr. Ajay,GA-5 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-04-2017 In this petition filed in Public Interest, it is alleged that in Motihari, East Champaran, in public land bearing Khata No. 68, Khesara No. 292, Tauzi No. 428, which is a road, there is encroachment by certain private individuals and as the encroachment is not being removed, this application has been filed seeking removal of the encroachment.

It is stated that the complaints and representations have been made to the District Magistrate, East Champaran, Motihari (respondent no.2) and the Circle Officer, Chakiya, Motihari, East

Patna High Court CWJC No.19009 of 2016 dt.28-04-2017 2/2 Champaran (respondent no.5) and in spite of representations, they have not taken any action.

Keeping in view the aforesaid grievance of the petitioner, for the present, without entering into the controversy on merit, it is directed that petitioner may file a certified copy along with relevant documents, respondent no.5 shall take up the matter in accordance with provision of Bihar Public Land Encroachment Act, register a case under the said act, issue notice to the encroacher and after completing the due process of law, if the encroachment is found to be existing, direct for its removal, in accordance with law, within a period of six months, from the date of receipt of certified copy of this order.

Accordingly, this petition is disposed of.

(Rajendra Menon, CJ) (Sudhir Singh, J) Amit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 04-05-2017 Transmission Date NA