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Patna High CourtCWJC/24326/2018disposed

Baleshwar Mahto v. The State Of Bihar

2022-11-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24326 of 2018 ====================================================== 1.

Baleshwar Mahto Son of Late Parmeshwar Mahto resident of Sivesinghpur, P.S.- Khanpur, District- Samastipur.

2.

Mahendra Mahto Son of Dev Narayan Mahto resident of Sivesinghpur, P.S.- Khanpur, District- Samastipur.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Water Resources Department, Patna.

2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Samastipur.

4.

The Circle Officer, Khampur, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha, Adv.

For the Respondent/s :

Mr.Anjani Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2022 The present writ petition has been filed seeking the following relief:- "i) That this application is being filed for issuance of writ in the nature of mandamus direction to the respondents to remove encroachment from Waterways Bandh bearing Khata No. 823, Khesra No. 1586, Area 4.50 Decimals situated at MauzaSivesinghpur, Anchal- Khanpurr, DistrictSamastipur which has been illegally encroached by the local people of the nature of bad element." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle

Patna High Court CWJC No.24326 of 2018(3) dt.09-11-2022 2/2 Officer, Khampur, District- Samastipur 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, Khampur, District- Samastipur, 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, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U