Sukdev Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7482 of 2021 ====================================================== Sukdev Rai S/o Late Kailash Rai Resident of Village- Rampur, Tola Bairiya, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Motihari, East Champaran, Motihari. 3.

The Land Reforms Officer, 4.

S.D.O. Sikarahana, Dhaka, District- Motihari, East Champaran. 5.

The Circle Officer, Chiraiya, District- East Champaran, Motihari. 6.

Shankar Rai S/o Bigan Rai Resident of Village- Rampur Tola Bairaiya, P.s.- Chiraiya, District- East Champaran, Motihari. 7.

Raj Mangal Rai S/o Devraj Rai Resident of Village- Rampur Tola Bairaiya, P.s.- Chiraiya, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan, SC 25 :

Mr. Arif Daula Siddiqui, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2022 The present petition has been filed seeking the following relief :- "(i) That this is an application for issuance of writ/ writs, order/ orders, direction/ directions mandamus to the respondent no. 2 (The District Magistrate, East Champaran, Motihari) and respondent no. 5 (The Circle Officer, Chiraiya, Motihari) to vacate the road of the General people in last several years in Khata no. 704, Khesra no. 1344, area-0.19 decimal situated in Rampur

Patna High Court CWJC No.7482 of 2021(2) dt.15-09-2022 2/2 Bairiya, PS Chiraiya, District East Champaran which was encroached by private respondents."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Chiraiya, District-East Champaran, Motihari 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, Chiraiya, District-East Champaran, Motihari 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) rinkee/- U