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Patna High CourtCWJC/2981/2023disposed

Mazhar Hussain v. The State Of Bihar

2023-09-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2981 of 2023 ====================================================== Mazhar Hussain Son of Late Mohammad Yasin Resident of Village-Satwar Tola Sangrampur, Anchal-Goreya Kothi, P.S.-G B Naar, District-Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Collector, Siwan.

3.

The Additional Collector, Siwan.

4.

The Anchal Adhikari, Goreya Kothi, District-Siwan. 5.

Anwar Husain Son of Akbar Mian Resident of Village-Satwar Tola Sangrampur, Anchal-Goreya Kothi, P.S.-G.B. Nagar, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023

1. The present writ petition has been filed seeking the following reliefs:- "1. That this is an application on behalf of petitioner for issuance of a writ of Mandamus directing the respondent authorities particularly the respondent no.4 to initiate a proceeding under the Public Land Encroachment Act against the private respondent no.5 who has encroached the public land as reported by Anchal Amin in his report dated 15.01.2021 (Annexure-2) and for issuance of any other writ/writs, order/orders, direction/direction which the Hon'ble Court may deem fit and proper."

2. At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.2981 of 2023(2) dt.26-09-2023 2/2 seeks liberty on behalf of the petitioner to approach the Circle Officer, Goreya Kothi, District-Siwan, for redressal of his aforesaid grievance. Liberty so sought is granted.

3. It is needless to state that in case the petitioner approaches the Circle Officer, Goreya Kothi, District-Siwan, 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.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U