Satya Narain Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6629 of 2019 ====================================================== Satya Narain Singh Son of Late Lakshmi Singh, Resident of Village-Korhiyar, P.S. Bairgania, District-Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Sitamarhi 2.

Anchal Adhikari, Suppi, District Sitamarhi ... .... Respondents 1st party 3.

Birendra Singh Son of Man Mohan Singh Resident of Village-Korhiyar, P.S. Bairgania, District-Sitamarhi.

4.

Ramashankar Singh Son of Late Yogendra Singh Resident of VillageKorhiyar, P.S. Bairgania, District Sitamarhi 5.

Renu Devi Wife of rama Shankar Singh Resident of Village-Korhiyar, P.S. Bairgania, District Sitamarhi 6.

Madan Singh Son of Late Bindeshwari Singh Resident of Village-Korhiyar, P.S. Bairgania, District Sitamarhi 7.

Arun Jha Son of Deokant Jha Resident of Village-Korhiyar, P.S. Bairgania, District Sitamarhi ... ... Respondents 2nd party ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Kant Tiwary For the Respondent/s :

Mr.Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-04-2019 Heard the parties.

In the present writ application, the petitioner has prayed for direction commanding the respondent 1st party to initiate a proceeding under the Bihar Public Land Encroachment Act and to remove encroachment made on S.P. No.503, Khata No.161 Mauza Korhiyar.

The petitioner had made an application before the Respondent No.1 i.e. The Collector, Sitamarhi for redressal of his grievance vide Annexure 4 to the present application. The

Patna High Court CWJC No.6629 of 2019(2) dt.03-04-2019 2/2 Respondent No.1 referred the matter to the Respondent No.2 i.e. Anchal Adhikari, Suppi, District Sitamarhi to look into the matter. A measurement was made and encroachment was found on the public road, which is evident from Annexure 5 to the present application. Considering the aforesaid facts, the petitioner is directed to file a fresh representation/application giving all the details before the Respondent No.2 i.e. Anchal Adhikari, Suppi, District Sitamarhi within 30 days from today. The Respondent No.2 i.e.

Anchal Adhikari, Suppi, District Sitamarhi shall look into the grievance of the petitioner and pass an appropriate order in accordance with law after giving opportunity to all the concerned parties within a period of five months from the date of filing of such representation/application. The Respondent No.2 shall ensure compliance of Sections 3, 4 and 5 of the Act while passing the final order under Section 6 of the Bihar Public Land Encroachment Act. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U