Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4903 of 2022 ====================================================== Pappu Kumar Son of Amrendra Kumar Resident of Village- Dumari, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Jehanabad.

3.

The Sub-Divisional Officer, Jehanabad.

4.

The Circle Officer, Hulasganj, District- Jehanabad. 5.

Bela Yadav Son of Late Ramcharitra Yadav Resident of Village- Dumari, P.S.- Ghosi, District- Jehanabad.

6.

Birja Yadav Son of Late Raja Yadav Resident of Village- Dumari, P.S.- Ghosi, District- Jehanabad.

7.

Sidheshwar Raut Son of Late Parmeshwar Raut Resident of VillageDumari, P.S.- Ghosi, District- Jehanabad. 8.

Balkeshwar Mahto Son of Late Suryadeo Mahto Resident of VillageDumari, P.S.- Ghosi, District- Jehanabad. 9.

Dheera Prasad Son of Late Suryadeo Mahto Resident of Village- Dumari, P.S.- Ghosi, District- Jehanabad.

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

For the Petitioner/s :

Mr.Shivendra Prasad,Advocate For the Respondent/s :

Mr.Md.Khurshid Alam,AAG-12 ====================================================== 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 this is an application for issuance of an appropriate writ/ writs, order/orders, direction/directions to the respondent authorities to initiate appropriate proceeding/ pass final order in pending proceeding to remove encroachment from Plot No. 713, 714, 677 and 658 and Khata No. 127, situated at Village-Dumari, P.S.- Ghosi, DistrictJehanabad which is an Aam Rasta and has been encroached by respondent no. 5 to 9 and others,

Patna High Court CWJC No.4903 of 2022(2) dt.25-11-2022 2/2 making the Rasta inconvenient to the village people including the petitioner and further to ensure the removal of the encroachment after getting the land measured and it is found that the Aam Rasta has been encroached. The petitioner further prays for any other relief(s) for which the petitioner is found entitled in the facts and circumstances of the present case."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Hulasganj, District-Jehanabad, 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, Hulasganj, District-Jehanabad, 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/- U