Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3902 of 2020 ====================================================== Parvati Devi Wife of Ganesh Sah Resident of Village and P.O.- Belhi, P.S.- Marauna, District- Supaul, State- Bihar- 847452. ... ... Petitioner/s

Versus

1.

The State of Bihar through its the Principal Secretary, Revenue and Land Reforms Department Govt. of Bihar, Patna.

2.

The District Magistrate Supaul.

3.

The Sub- Divisional Officer Nirmali.

4.

The Land Reform Deputy Collector Nirmali.

5.

The Circle Officer Marauna.

6.

Ramsevak Mandal Son of Late Laldev Mandal Resident of Village and P.O.- Belhi, P.S.- Marauna, District- Supaul, State- Bihar- 847452. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav,Advocate For the Respondent/s :

Mr.Rishi Raj Sinha,SC-19 :

Mr.Saurabh Kumar,AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2022 The present writ petition has been filed seeking the following reliefs:- "(I) For issuance of a direction, order or writ, including writ in the nature of Mandamus for direction to the respondent authorities especially the respondent no-5 (the Circle Officer, Marauna) to remove the encroachment from the Public road/ Public land according to report (Annexure-4) of the Circle Amin, Marauna dated- 20.01.2015 submitted before the Circle Officer, Marauna in compliance of the letter bearing No. 1292-2 dated- 16.12.2014 issued by C.O., Marauna;

(II) For issuance of a direction order or writ including writ in the nature of Mandamus commanding the concerned respondent authorities specially the respondent nos.2 & 5 to remove the encroachment from the site of Public road/ Public land;

Patna High Court CWJC No.3902 of 2020(2) dt.27-09-2022 2/2 (III) For issuance of a writ in the nature of Mandamus directing the respondent authorities to remove the constructed house of the private respondent no.6 from the public road which encroached area (about 5/7 fit broad & fit long) without further delay by taking effective steps against the private respondent no.6." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Marauna, District-Supaul, for redressal of her aforesaid grievance.

Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Marauna, District-Supaul, 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