Md. Khalil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5927 of 2024 ====================================================== Md. Khalil Son of Abdul Rahman Resident of Khesaw Chowk, Pratap Patti, P.S.- Sahebganj, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 3.

The Collector-cum-District Magistrate, Muzaffarpur. 4.

The Additional Collector, Muzaffarpur.

5.

The Sub-Divisional Magistrate, West Muzaffarpur. 6.

The Circle Officer, Sahebganj, District- Muzaffarpur. 7.

Md. Hasrat Son of Late Rasid Resident of Ward No. 10, Pratap Patti, P.S.- Sahebganj, District- Muzaffarpur.

8.

Noor Jahan Wife of Md. Hasmat Resident of Ward No. 10, Pratap Patti, P.S.- Sahebganj, District- Muzaffarpur.

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Adv.

For the Respondent/s :

Mr.Addl. Advocate General (7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2024 The present writ has been filed seeking the following reliefs:- "1(i). To issue an appropriate order/s, direction/s including a writ preferably in the nature of mandamus commanding and directing upon the respondent No.7 (hereinafter referred to as Circle Officer, Sahebganj and referred to as Circle Officer, Sahebganj and referred to as Collector appointed under section 2(i) of the Bihar Public Land Encroachment Act 1956) to initiate a proceeding under section 3(i) of the Bihar Public

Patna High Court CWJC No.5927 of 2024(2) dt.01-07-2024 2/2 Land Encroachment Act 1956 to remove the encroachment from the Public Land appertaining to Khata No.04, Khesra No.1029 said to be government land encroached by the private respondents constructing double storied building as well as fixing submersible boring.

(ii). To direct the private respondents to remove the encroachment from the above-mentioned land encroached by them by constructing double storied building causing inconvenience to the public at large passage through the way."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 6 i.e. the Circle Officer, Sahebganj, District-Muzaffarpur, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off. (Mohit Kumar Shah, J) Ajay/-