Prabhu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6100 of 2023 ====================================================== Prabhu Bhagat Son of Jagdish Bhagat, Resident of Village-Jasauli Briti Tola, Police Station-Kotwa (Bhopatpur O.P.), District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Collector, District-East Champaran at Motihari. 4.

The Sub Divisional Officer, Sub Division-Chakia, District-East Champaran. 5.

The Circle Officer, Anchal-Kotwa, District-East Champaran. 6.

The Officer in Charge Kotwa Police Station (Bhopatpur O.P.), District-East Champaran.

7.

Salauddin Ansari, Son of Late Dargahi Miyan, Resident of Village-Jasauli Briti Tola, Police Station-Kotwa (Bhopatpur O.P.), District-East Champaran. 8.

Kamruddin Ansari, Son of Late Sultan Miyan, Resident of Village-Jasauli Briti Tola, Police Station-Kotwa (Bhopatpur O.P.), District-East Champaran. 9.

Khurshid Ansari, Son of Late Sahadat Miyan, Resident of Village-Jasauli Briti Tola, Police Station-Kotwa (Bhopatpur O.P.), District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the State :

Mr. Mukul Prasad, AC to GP-18 For the Opposite Party :

Mr. Abhishek Kumar, Adv.

Mr. Hemant Ray, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2023 The short prayer made by the petitioner in the present case is to direct the Circle Officer, Kotwa, District-East Champaran, to remove the encroachment made over public road, situated at Plot No. 4434, Khata No. 923, appertaining to village-Jasauli, Tola-Briti, Circle-Kotwa, Thana No. 27, District-East Champaran. It is also submitted that the Circle Officer, Kotwa, District-East Champaran, has already initiated

Patna High Court CWJC No.6100 of 2023(2) dt.17-10-2023 2/2 encroachment proceedings and issued a notice under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 for removal of the encroachment in question, hence, he be directed to remove the encroachment, forthwith.

2.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Kotwa, District-East Champaran, to ensure that the aforesaid encroachment proceedings are taken to its logical conclusion and needful is done, in accordance with law, forthwith. 3.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U