Ajit Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 16136 of 2016 =================================================== Ajit Singh Son of Late Kamal Singh resident of village- Kanunia, P.O.- Gamhariya Khurd P.S.- Adapur, District- East Champaran. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The District Collector, Motihari East Champaran.

3. The Sub Divisional Officer (S.D.O.) Raxaul, East Champaran.

4. The Circle Officer Adapur, East Champaran. .... .... Respondents.

=================================================== Appearance :

For the Petitioner : Mr. Vijay Shankar Shrivastava For the Respondents: Mr. Sanghmitra Ghosh, AC to GP15 =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 27-01-2017 Heard learned counsel for the petitioner and the State.

Petitioner is aggrieved by the encroachment of the Plot No. 123 appertaining to Khata No. 134 situated in VillageKanuunia, P.S.-Adapur, Block-Adapur, District-East Champaran which is recorded as "Aam Gairmazarua Land/Village Road/Rasta" in the survey record of rights.

It is contended that certain persons have encroached the said public land for which Encroachment Case 2/2008 was initiated but no action could be taken till date. In the meantime, other persons, despite the order having been passed for removal

Patna High Court CWJC No.16136 of 2016 dt.27-01-2017 of encroachment, have started encroaching the concerned public land. Petitioner claims that he has approached the Circle Officer, Adapur, East Chamaparan, the Sub-divisional Officer, Raxaul, East Champaran and the District Magistrate, East Champaran. Accordingly, this writ is disposed of with a direction to the respondent no. 2, i.e., the District Magistrate, Motihari, East Champaran to look into the matter and if public land/rasta/village road concerned stands encroached by certain persons then effective steps under the Public Land Encroachment Act should be taken for removal of encroachment after granting reasonable opportunity to all the concerned including the said encroachers.

It is expected that the entire exercise should be completed within a period of four months from the date of receipt/production of a copy of this order.

Vikash/- (Dr. Ravi Ranjan, J.) AFR/NAFR NAFR CAV DATE NA Uploading Date 08.05.2017 Transmission Date NA