Santosh Prasad @ Santosh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7665 of 2021 ====================================================== Santosh Prasad @ Santosh Rai Son of Panalal Prasad Resident of ward no. 11, Dhapahar, P.S.- Chhauradano, District- East Champaran, Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms, Government of Bihar, Patna 2.

The District Magistrate, Motihari, East Champaran, Motihari 3.

The Land Reforms Officer, East Champaran, Motihari 4.

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

Dineshwar Rai Son of Late Hira Ram Resident of village- Dhapahar, P.s.- Chhauradano, District- East Champaran, Motihari 6.

Sajawal Rai son of Ramashish Rai resident of village- Dhapahar, P.s.- Chhauradano, District- East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2022 The present writ petition has been filed seeking the following reliefs:- "i) That this is an application for issuance of writ/s order/s, direction/s Mandamus to the respondent no.2 the District Magistrate, East Champaran, Motihari and Respondent No. 4 the Circle Officer, Chhaurandano, Motihari, East Champaran to vacate the Aam Gairmajarua of the road which was used by general people last several years as Khata No.61 Khesra No. 184, area 4 katha 1 dhur situated in village Dhapahar, P.S. Chhauradano, District-East Champaran which was encroached by private

Patna High Court CWJC No.7665 of 2021(2) dt.21-09-2022 2/2 respondent and granted of all other consequential benefit and/or any other relief or reliefs for which petitioner is found entitled to facts and circumstances of the case."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Chhauradano, District-East 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, Chhauradano, District-East 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/SonalU