Nand Kishore Prasad Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6957 of 2019 ====================================================== Nand Kishore Prasad Chaurasiya Son of Shri Bhagat Village- Noniya Tola, Harditerha Block- Narkatiaganj, P.S.- Sikarpur, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, West Champaran at Bettiah. 3.

The Sub- Divisional Officer Narkatiyaganj, District- West Champaran. 4.

The Circle Officer Narkatiyaganj, District- West Champaran. 5.

Paspati Prasad Chaurasiya Son of Late Dukhi Bhagat Village- Noniya Tola Hardi Terhar, Block Narkatiyaganj, P.S.- Shikarpur, P.O. D.K. Shiarpur, District- West Champaran.

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

For the Petitioner :

Mr. Sunil Kumar Singh, Advocate For the State :

Mrs. Archana Prasad, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-04-2019 Heard the parties.

In the present writ application, the petitioner has prayed for quashing letter No.171 dated 28.2.2019 issued by Circle Officer, Narkatiyaganj, West Champaran to Sub Divisional Officer, Narkatiyaganj to make available police force for removing encroachment in village Noniya Tola, Hardi Terha, P.S. Shikarpur, West Champaran from Khata No.2, Khesra No.1165, Thana No.116, Block Narkatiyaganj, District West Champaran. The petitioner has further prayed for quashing the order dated 4.7.2017 passed by Sub Divisional Public Grievance Redressal Officer, Narkatiyaganj, whereby and whereunder

Patna High Court CWJC No.6957 of 2019(2) dt.05-04-2019 2/2 Circle Officer, Narkatiyaganj has been directed to make the aforesaid land encroachment free.

After some arguments, the petitioner confines his relief in respect of quashing of the order dated 28.2.2019 issued by letter No.171 by the Circle Officer, Narkatiyaganj, West Champaran. Said order has been passed by the Circle Officer in respect of removal of encroachment upon the public land. Considering the aforesaid facts, the petitioner is directed to file a statutory appeal under Section 11 of the Bihar Public Land Encorachment Act before the appellate authority within a period of thirty days from today. The appellate authority, after giving opportunity to all concerned parties, shall consider and dispose of the appeal in accordance with law within a period of four months from the date of filing of such appeal. With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U