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Patna High CourtCWJC/4864/2023disposed

Shambhu Singh v. The State Of Bihar

2023-04-05Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4864 of 2023 ====================================================== Shambhu Singh S/o Rajan Singh, Resident of Village and P.O.- Kab, P.S.- Ranitalab (Kanpa), District-Patna.

... ... Petitioner/s

Versus

1.

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

The District Magistrate-cum-Collector, Patna. 3.

The Deputy Collector Land Reforms, Paliganj, Patna. 4.

The Circle Officer, Dulhin Bazar, Patna.

5.

Umesh Paswan, Son of Late Subhag Paswan, Resident of Village-Kab, P.S.- Ranitalab (Kanpa), District-Patna.

6.

Madhav Paswan, Son of Late Subhag Paswan, Resident of Village-Kab, P.S.- Ranitalab (Kanpa), District-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Kumar Singh,Adv.

For the Respondent/s :

Mr.Raj Kishore Roy,GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2023 The present writ petition has been filed seeking the following relief:- "1.I. For issuance of appropriate writ in nature of Mandamus directing the Respondents to remove illegal encroachment made by the Private Respondents on public road (Bihta Pali Road) situated in east of the plot of the Petitioner bearing Khata No- 70, Khesra No- 8171, Manca Kab, Thana No- 42, Area 36 Decimal under village Kab, P.S. Rani Talab, Anchal, Dulhin Bazar, District Patna which is only approaching way to the plot

Patna High Court CWJC No.4864 of 2023(2) dt.05-04-2023 2/3 of the petitioner.

II. To direct the Respondent No- 4, (the Circle Officer, Dulhin Bazar, Patna) to comply the order dated 05.07.2019 passed by the Respondent No- 3, (the Deputy Collector Land Reforms, Paliganj, Patna) as contained in Annexure- and remove illegal encroachment made by the Private Respondents on road and eastern part of the plot of the petitioner, which is only entryway to the plot of the petitioner."

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

It is needless to state that as far as encroachment made upon public road/ land is concerned, in case the petitioner approaches the Circle Officer, Dulhin Bazar, District-Patna, 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

Patna High Court CWJC No.4864 of 2023(2) dt.05-04-2023 3/3 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) S.Sb/sonalU