Achyut Kumar Isser v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5635 of 2019 ====================================================== Achyut Kumar Isser, son of Rajnikant Isser, resident of Ward No. 2 Konaila, P.O. Konaila, P.S. Dalsinghsarai, District- Samastipur. ... ... Petitioner/s

Versus

1.

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

2.

The Secretary, Land Revenue Department, Government of Bihar, Patna. 3.

The District Magistrate-Cum-District Collector, Samastipur. 4.

The Sub-Divisional Officer, Dalsinghsarai, Samastipur. 5.

The Circle Officer, Dalsinghsarai Cirlce Office, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brisketu Sharan Pandey, Adv.

Ms. Kumari Subham, Adv.

Mr. Jyoti Kumar Sinha, Adv.

For the Respondent/s :

Mr. Md. Khurshid Alam, AAG-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 26-03-2019 The matter relates to encroachment over a public land. The remedy is already available to the petitioner under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act') and if so advised, he can take recourse thereto by filing an appropriate application under section 3 of the 'Act' by arraigning the alleged encroacher.

At this stage, Mr. Brisketu Sharan Pandey, learned counsel appearing for the petitioner informs that an encroachment ease bearing Encroachment Case No.18 of 2011-

Patna High Court CWJC No.5635 of 2019 dt.26-03-2019 2/2 12 has already been instituted for the purpose but remains pending and hence this application.

In the circumstances discussed, we direct the respondent no.5, the Circle Officer, Dalsinghsarai to consider the complaint of the petitioner and take the Encroachment Case No.18 of 2011-12 to its logical conclusion with due opportunity of hearing to the alleged encroachers within a period of six months of receipt/production of a copy of this order, if not already disposed of.

This writ petition is disposed of accordingly. (Jyoti Saran, J) ( Arvind Srivastava, J) Anjula/skpathak AFR/NAFR NAFR CAV DATE NA Uploading Date 01.04.2019 Transmission Date NA