Vinay Pandey v. The State Of Bihar And ORS

Patna High Court CWJC No.11874 of 2015 (2) dt.05-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11874 of 2015 ====================================================== Vinay Pandey, son of Prabhu Pandey, resident of village-Paroo, Police Station-Paroo, District-Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar

2. The Principal Secretary, Land Reform Department, Government of Bihar, Patna

3. The Commissioner, Tirhut Division, Muzaffarpur

4. The District Magistrate, Muzaffarpur

5. The Sub-Divisional Officer, West Muzaffarpur

6. The Circle Officer, Paroo, Muzaffarpur

7. Pramod Chaudhary son of Late Kishun Chaudhary, resident of villageParoo, Police Station-Paroo, District-Muzaffarpur .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pramod Rajpati, Advocate For the Respondent/s : Mr. Kumar Manish, SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-08-2015 Heard the parties.

Although the petitioner complains of encroachment on a public land bearing Khata No. 796, Khesra No. 4994 situated in MaujaParoo in the district of Muzaffarpur and also relies on some proceedings arising from Section 147 of the Code of Criminal Procedure but there is nothing on record to demonstrate whether he has filed any application under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') for removal of encroachment. The remedy lies under 'the Act' and the petitioner can take recourse to the same. The writ petition is disposed of. (Jyoti Saran, J) S.Sb/- U