Sripal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9248 of 2016 ====================================================== Sripal Singh S/o Late Ragho Singh Resident of Village- Deeha, P.S.- Chainpur, Dist- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary Revenue and Land Reform Department, Govt. of Bihar, Patna.

2.

The Director Consolidation, Bihar, Patna.

3.

The District Magistrate Kaimur at Bhabhua.

4.

The Consolidation Officer, Chainpur Bhabhua.

5.

The Circle Officer, Chainpur at Bhabhua.

6.

Fujhari Devi W/o Late Kapildeo Singh 7.

Ravindra Singh 8.

Surendra Singh 9.

Dhirendra Singh All are the sons of Late Kapildeo Singh All are the residents of Village- Deeha, P.S.- Chainpur, District- Kaimur at Bhabhua. 10.

Narsimha Sah S/o Late Galmu Sah 11.

Dulare Sah 12.

Pyare Sah Both are the sons of Late Ram Suresh Sah All are the resident of Village- Deehan, P.S.- Chainpur, District- Kaimur at Bhabhua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Pandey,Adv.

For the Respondent/s :

Mr.Kumar Pankaj,AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-03-2023 The learned counsel for the respondentState seeks to file a counter affidavit, which is taken on record.

The present writ petition has been filed seeking the following relief:- "1.That this writ application is being filed for issuance of the appropriate writ /writs, order /orders or direction directions to the

Patna High Court CWJC No.9248 of 2016(2) dt.28-03-2023 2/3 respondent authorities for removing the encroachment upon the Mauja Dihan Khata no. 188 and 187 Survey plot no.

210 Area 38 decimal survey plot no. 345 area 05 decimal survey plot no. 193 area 39 decimal plot no. 107 area 2- 63 decimal plot no. 948 area 2 decimal and plot no.51 area 51 decimal which is the gairmajarua aam land and encroached by respondent no 6 to 12 and further be directed to set-aside illegal and forged khata of the aforesaid land in the name of respondent no. 6 vide consolidation case no. 608/80 and in the name of respondent no. 7 to 9 vide consolidation case no. 194/1979."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Chainpur, DistrictBhabhua, 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, Chainpur, District-Bhabhua, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four

Patna High Court CWJC No.9248 of 2016(2) dt.28-03-2023 3/3 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/sonalU