M/S Radha Krishna Sewa Sansthan Trust v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6239 of 2019 ====================================================== M/S Radha Krishna Sewa Sansthan Trust Having its registered Office at Radha Nagar, Motihari, East Champaran, Bihar through its Chairman Shri Shambhu Nath Sikaria age about 63 years (Male) Son of Radha Kishun Sikaria, Resident of Radha Nagar, Motihari, East Champaran, Bihar. ... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The District Magistrate East Champaran, at Motihari. 3.

The Sub Divisional Officer Sadar, Motihari 4.

The Circle Officer Motihari.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Prince Kumar Mishra For the Respondent/s :

Mr.Subash Chandra Yadav (GP15) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and the State. In the present writ application, the petitioner has prayed for issuance of writ in the nature of mandamus directing and commanding upon the respondent authorities to initiate a proceeding for removal of encroachment from the Maharaja Harendra Kishore Hospital and other adjacent places situated inside the Ravindranath Mukherjee Ayurved Chikitsa Mahavidyalaya, Motihari, which has been encroached by different individuals as it is evident from Letter No. 1202 dated 04-09-2018 issued by the Sub Divisional Officer, Sadar, Motihari.

Patna High Court CWJC No.6239 of 2019(2) dt.01-04-2019 2/2 The petitioner has further prayed for issuance of writ in the nature of mandamus directing and commanding the respondent authorities to take necessary action for removal of encroachment in view of Letter No. 1202 dated 04-09-2018 issued by the Sub Divisional Officer, Sadar, Motihari. Considering the relief sought for in the present writ application, the petitioner is directed to file an application under Section 4 of the Bihar Land Disputes Resolution Act, 2009 before the competent authority who shall look into the grievance raised by the petitioner and dispose of the said application after giving liberty to all the concerned parties within a period of five months from the date of filing of such application. With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U