Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5746 of 2022 ====================================================== Rajesh Kumar Son of Janardan Prasad Resident of Village - Belwa Tola, Police Station - Mainatand, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary Revenue and Land Reforms Department, Bihar, Patna.

2.

The Collector, West Champaran, Bettiah.

3.

The Sub- Divisional Public Grievance Redressal Officer, Narkatiaganj District West Champaran.

4.

The Circle Officer, Mainatand, District West Champaran. 5.

Khobari Hazra Son of Late Kisun Hazra Resident of Village Belwa Tola, P.S. - Mainatand, District- West Champaran.

6.

Santosh Hazra Son of Late Dashrath Hazra Resident of Village Belwa Tola, P.S. - Mainatand, District- West Champaran.

7.

Keshwar Hazra Son of Late Tahal Hazra Resident of Village Belwa Tola, P.S. - Mainatand, District- West Champaran.

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

For the Petitioner/s :

Mr.Ajeet Kumar Bhardwaj For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2022 The present writ petition has been filed seeking the following relief:- "1. That present writ application is for issuance of an appropriate writ, order or direction, commanding the respondents towards removal of the encroachment from the gairmajarua malik land of Bihar Government who is bank of road adjacent the land of the petitioner near Primary School in village Belwa Tola P.S.

Patna High Court CWJC No.5746 of 2022(2) dt.25-11-2022 2/3 Mainatand, District-West Champaran bearing Khata No. 314, Khesra No. 1522, 1517 and 1516 in which no way of going on the land of the petitioner who is bearing Khata No. 326, Khesra No. 1512 and 1513, Jamabandi No. 713 on which private respondent no. 5 and 7 have illegally encroachment and constructed pucca building on the said gairmajarua malik land of Bihar Government and no take any action till date by concerning authorities respondents against the private respondents no. 5 to 7 and or further writ, order or direction commanding the respondents to respondents to restrain the private respondents no. 5 to 7 for any further construction on the said encroached land."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Mainatand, DistrictWest Champaran for redressal of his aforesaid grievance.

Liberty so sought is granted.

It is needless to state that in case the

Patna High Court CWJC No.5746 of 2022(2) dt.25-11-2022 3/3 petitioner approaches the Circle Officer, Mainatand, District-West Champaran 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) Ajay/- U