Upendra Prasad Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12465 of 2015 ====================================================== Upendra Prasad Mandal son of Shri Sagar Mandal, resident of village-Moul Tola, P.S. Pirpainti, District-Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner Bhagalpur Division, Bhagalpur

3. The District Magistrate, Bhagalpur

4. The Sub Divisional Officer, Kahalgaon, District-Bhagalpur

5. The Circle Officer, Pirpainti, District-Bhagalpur

6. Chatrbhuj Mandal

7. Madan Mandal Both are son of Late Hari Mandal,

8. Jageshwar Mandal, son of Late Phagu Mandal

9. Mahendra Mandal son of Anant Lal Mandal

10. Arjan Mandal son of Late Baldeo Mandal All resident of village-Moul Tola, P.S. Pirpainti, District- Bhagalpur .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. Vinay Kirti Singh, GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 13-08-2015 Heard the parties.

The petitioner complains of encroachment by the private respondents over government land having the nature of public road situated in Mauja-Moul Tola in the district of Bhagalpur. The details of the government land are completely missing. In the circumstances, the writ petition is disposed of. The petitioner, if so advised, may file an application under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') giving details of the land, the name of the encroachers and the extent of encroachment.

Patna High Court CWJC No.12465 of 2015 (2) dt.13-08-2015 It goes without saying that any such application so filed shall be considered and disposed of in accordance with law by the Collector under 'the Act' after giving notice and opportunity of hearing to the alleged encroachers.

(Jyoti Saran, J) S.Sb/- U