Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5074 of 2023 ====================================================== Manoj Kumar Son of Sri Naresh Prasad Sinha, Resident of Village-Sevdah, P.O.-Sevdah, Police Station-Harnaut, District-Nalanda, at present residing at Village-Srichandpur, Jaigovind Path, P.O. and P.S. Harnaut, Anchal-Harnaut, District-Nalanda, Postal Address-Manoj Kumar, C/o Ganga Memorial College of Polytechnic, Village Kharuara, P.O.-Chero, P.S.-Harnaut, District-Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate cum Collector, Nalanda. 2.

The District Magistrate cum Collector, Nalanda. 3.

The Additional Collector, Nalanda.

4.

The Sub Divisional Officer, Nalanda.

5.

The Circle Officer, Harnaut, District-Nalanda. 6.

Brij Bihari Singh son of Ram Krishna Singh @ Ram Krishna Prasad resident of Village Nanda Bigha, P.O.-Barah, Police Station-Harnaut, DistrictNalanda (803110). 7.

Ram Krishna Prasad @ Ram Krishna Singh son of Devnandan Singh, resident of Village Nanda Bigha, P.O.-Barah, Police Station-Harnaut, District-Nalanda (803110).

8.

Ras Bihari Singh, son of Ramashray Singh, resident of Village Nanda Bigha, P.O.-Barah, Police Station-Harnaut, District-Nalanda (803110). 9.

Navin Kumar, son of Nandu Prasad Singh, resident of Village Gavnahua, P.O.-Savnahua, P.S.-Harnaut, District-Nalanda (803110). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shantanu Kumar, Advocate :

Ms. Sneha Raj, Advocate :

Mr. Aashish Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) :

Mr. W.A. Khan, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The present petition has been filed seeking the following relief :- "(i) For issuance of a direction commanding the respondents to remove the encroachment from Gairmajarua Aam Bandh land under

Patna High Court CWJC No.5074 of 2023(2) dt.10-05-2023 2/2 the Bihar Public Land Encroachment Act, 1956.

(ii) For issuance of a direction upon the respondents no. 2, 4 and 5 to implement the order of respondent no. 3 dated 30.04.2022 and demarcate the land of the petitioner, so that the petitioner can construct his boundary wall and fix gate."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Harnaut, District- Nalanda for redressal of his aforesaid grievances. Liberty so sought, is granted.

It is needless to state that in case, the petitioner approaches the Circle Officer, Harnaut, District- Nalanda 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) rinkee/- U