Alaham @ Alaham Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3658 of 2023 ====================================================== Alaham @ Alaham Miya Son of Late Mojdin Miyan Resident of VilalgePandey Parsa, P.S.-Phulwariya District-Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of land Reforms, Patna.

2.

The District Magistrate, Gopalganj.

3.

The Sub-Divisional Officer, Hathua, Gopalganj. 4.

The Circle Officer, Phulwariya, Gopalganj.

5.

Sakladdin Miya Son of Late Sadik Miya Resident of Village-Pandey Parsa, P.S.-Phulwariya, District-Gopalganj.

6.

Md. Diljan Miya Son of Jahruddin Miya Resident of Village-Pandey Parsa, P.S.-Phulwariya, District-Gopalganj.

7.

Babujan Miya Son of Late Sakkur Miya Resident of Village-Pandey Parsa, P.S.-Phulwariya, District-Gopalganj.

8.

Mustak Miya Son of Late Sukar Miya Resident of Village-Pandey Parsa, P.S.-Phulwariya, District-Gopalganj.

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 12-07-2023 1.

The present writ petition has been filed seeking the following relief:- "That this writ petition is being filed for directing to the concern authorities to remove the encroachment over the land in question recorded as Gairmazarua Aam which in Cadastral Khatiyan being encroachment made by the private Respondent No.-5 to 8."

2.

At the outset, the learned counsel for the petitioner

Patna High Court CWJC No.3658 of 2023 dt.12-07-2023 2/2 submits that the land appertaining to Khata No.103, Survey No.902, Plot No.631 situated at Phulwariya, Gopalganj is recorded as 'Gairmazarua Aam' land in the Khatiyan, hence the encroachment made over the same be directed to be removed. 3.

At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Phulwariya, District- Gopalganj for redressal of his aforesaid grievances. Liberty so sought is granted. 4.

It is needless to state that in case, the petitioner approaches the Circle Officer, Phulwariya, District- Gopalganj 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.

5.

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

(Mohit Kumar Shah, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.07.2023 Transmission Date NA