Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3977 of 2020 ====================================================== Punam Devi Wife of Jaychand Choubey, Resident of Ward No. 17, Sugauli Village, P.S.-Sugauli, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Collector, East Champaran, Motihari. 3.

The District Magistrate, East Champaran, Motihari. 4.

The Circle Officer, Sugauli, East Champaran, Motihari. 5.

Rashid Miyan, Son of Ismail Miyan, Resident of Ward No. 17, Sugauli Village, P.S.-Sugauli, District-East Champaran. 6.

Naeem Miyan, Son of Sainullah Miyan, Resident of Ward No. 17, Sugauli Village, P.S.-Sugauli, District-East Champaran. 7.

Samsuddin Miyan, Son of Late Bhakhu Miyan, Resident of Ward No. 17, Sugauli Village, P.S.-Sugauli, District-East Champaran. 8.

Idris Miyan, Son of Sainullah Miyan, Resident of Ward No. 17, Sugauli Village, P.S.-Sugauli, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2022 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 to the respondents to remove the encroachment from the land bearing Khata No. 1191, Khesra No. 4588, Sugauli, East Champaran, which is a govt. land encroached by respondent no. 5 to 8. The land of the petitioner i.e. Khata No. 41, Khesra No. 4818

Patna High Court CWJC No.3977 of 2020(2) dt.27-09-2022 2/2 Sugauli, East Champaran is situated behind the govt. land and encroachers have obstructed the pathway of the petitioner by constructing hut on the govt. land."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sugauli, District East Champaran, Motihari 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, Sugauli, District East Champaran, Motihari, 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