Mithlesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6800 of 2019 ====================================================== Mithlesh Kumar Pandey (M), aged about 70 Years, Son of Late Ramlakhan Pandey, R/o Village-Baikathpur, P.S.-Khushrupur, District-Patna. ... ... Petitioner

Versus

1.

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

2.

The District Magistrate Patna.

3.

The Sub-Divisional Magistrate Patna City, Patna. 4.

The Circle Officer, Khushrupur, Patna.

5.

The Tahsil Karmchari, Baikathpur Panchayat, P.S. Khushrupur, DistrictPatna. 6.

Sri Vijay Kumar Tiwary (M), aged about 65 Years, Son of Late Tarkeshwar Tiwary, R/o Village-Baikathpur, P.S. Khushrupur, District-Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Onkar Nath,Advocate.

For the Respondents :

Mr.Md. Khurshid Alam, A.A.G. 12.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The following reliefs have been sought for on behalf of the petitioner in the present writ application. "1(i) For commanding the respondent authorities particularly the respondent no. 2 to remove the encroachment appertaining to Mauza-Baikathpur, Survey Thana No. 135, Khata No. 842, Khesra No.

1996, for area of 6 decimal which is existing in the nature of Gairmazarua-aam.

(ii) For commanding the respondent authorities to look into high-

Patna High Court CWJC No.6800 of 2019(2) dt.04-04-2019 2/2 handedness of private respondent no. 6 who has admittedly encroached the above said land."

Considering the reliefs as sought for on behalf of the petitioner in the present writ application, the petitioner is directed to file application/complaint before the respondent no. 4 i.e., The Circle Officer, Khushrupur, Patna, within a period of one month from today. The respondent no. 4 i.e., The Circle Officer, Khushrupur, Patna, shall consider the application/complaint of the petitioner after giving an adequate opportunity of hearing to all concerned parties, and pass final order, within a period of five months from the date of receipt of such application/complaint. Final order shall be passed after complying the provisions of Sections 3, 4 and 5 of the Bihar Public Land Encroachment Act.

With the aforesaid observations and directions, the present writ application stands disposed of.

(Sudhir Singh, J) U.K./- U