Rajesh Kumar Baitha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24812 of 2018 ====================================================== Rajesh Kumar Baitha son of Late Sundar Biatha Resident of Village- Panapur, Ward No.- 5, P. S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Muzaffarpur.

3.

The Sub-Divisional Magistrate, East Muzaffarpur, Muzaffarpur 4.

The Deputy Collector Land Reforms, East Muzaffarpur, Muzaffarpur. 5.

The Anchala Adhikari, Panapur Anchal, District- Muzaffarpur. 6.

Gopal Baitha Son of Dashrath Baitha 7.

Ravi Baitha Son of Dashrath Baitha Both resident of Village- Panapur, Ward No.- 5, P. S.- Minapur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Respondent/s :

Mr.Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2022 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of an appropriate writ, order or direction particularly in the nature of mandamus directing respondent nos. 2 to 5 to remove the encroachments created by private respondent nos. 6 and 7 blocking the main thoroughfare of the writ petitioner, whose house is situated on adjacent plot of the encroached land and the aforementioned private respondent nos. 6 and 7 have blocked the aam rasta by constructing house over the land recorded as Rasta in nature in Survey Khatiyan in conspiracy amongst them, due

Patna High Court CWJC No.24812 of 2018(2) dt.19-09-2022 2/2 to which the writ petitioner and his family members are facing great hardship, while passing through the aam rasta."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Panapur Anchal, District Muzaffarpur 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, Panapur Anchal, District Muzaffarpur, 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