Fulo Yadav v. The State Of Bihar Through Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7654 of 2021 ====================================================== Fulo Yadav Son of Late Bhutto Yadav resident of Village - Chochahi, Bharpura ward no. 15, P.S. - Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue Deptt., Bihar, Patna.

2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Rosera, Dist- Samastipur. 4.

Circle Officer, Bibhutipur Dist- Samastipur.

5.

Lakhan Sah son of Saukhi Sah resident of village Chochahi Bharpura P.S. Bibhutipur Dist - Samastipur.

6.

Sanjiv Sah son of Lakhan Sah resident of village Chochahi Bharpura P.S. Bibhutipur Dist - Samastipur.

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate 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:- "1. That this application is being filed for issuance of writ in the nature of Mandamus direction to the Respondents to remove illegal encroachment from public road situated at Mauza Chochahi Bharpura, Anchal and P.S. Bibhutipur, Dist-Samastipur old Khesra No.4286 in the light of order dated 23-102008 passed in Encroachment Case No. 07/2004-05 by Circle Officer, Bibhutipur, which was illegally encroached by Respondent No. 5 and 6 by constructing house and flour mill."

Patna High Court CWJC No.7654 of 2021(2) dt.21-09-2022 2/2 At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bibhutipur, District-Samastipur, 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, Bibhutipur, District-Samastipur, 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