Dinbandhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3444 of 2022 ====================================================== Dinbandhu Prasad S/o Raghaw Prasad, resident of Ward No. 12, Siarahi, P.S. - Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through DM cum Collector, Bettiah, West Champaran. 2.

The District Magistrate cum Collector, Bettiah, West Champaran. 3.

The Land Reform Deputy Collector, Narkatiyaganj, West Champaran. 4.

The Deputy Collector, Bettiah, West Champaran. 5.

The Circle Officer, Narkatiyaganj, West Champaran. 6.

Hirdaya Prasad, S/o Late Awadhesh Prasad, resident of Siarahi, P.S. - Shikarpur, District - West Champaran.

7.

Ajay Prasad, S/o Late Awadhesh Prasad, resident of Siarahi, P.S. - Shikarpur, District - West Champaran.

8.

Bidya Prasad, S/o Late Awadhesh Prasad, resident of Siarahi, P.S. - Shikarpur, District - West Champaran.

9.

Shivjee Prasad S/o Late Jagdevo Sah, resident of Siarahi, P.S. - Shikarpur, District - West Champaran.

10.

Krishna Mohan Prasad S/o Late Brahmdeo Sah, resident of Siarahi, P.S. - Shikarpur, District - West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( Standing Counsel-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-11-2022 The present writ petition has been filed seeking the following reliefs:- "1.(a) Through this writ application the petitioner seeks indulgence of this Hon'ble High Court for issuance of a writ in the nature of Mandamus, or any other appropriate writ, order or direction to the respondent authorities to get the encroached land of

Patna High Court CWJC No.3444 of 2022(2) dt.18-11-2022 2/2 river pertaining to Khata No. 93, Plot No. 500, Mauja-Siyarahi, Thana-Shikarpur vacated, which has illegally been encroached by Respondent No. 6 to 10, due to which the petitioner and almost all the villagers not only facing great inconvenience rather the entire village is at great risk of flood." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Narkatiyaganj, District-West Champaran, for redressal of his aforesaid grievance.

Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Narkatiyaganj, District-West Champaran, 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) S.Sb/- U