Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5893 of 2022 ====================================================== Bihari Singh S/o Raghunath Singh Resident of Village-Nasej, P.S. Kudra, Distrit-Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secreary Revenue and Land reform Department Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Patna.

3.

The District Magistrate Kaimur at Bhabua 4.

The Land Reform Deputy Collector Mohania, Kaimur at Bhabua 5.

The Sub-Divisional Officer, Mohania Kaimur at Bhabua. 6.

The Circle Officer Kudra, Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Uday Pratap Singh,Advocate For the Respondent/s :

Mr.Sajid Salim Khan,SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-11-2022 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of writ in the nature of Mandamus or any other appropriate writ/direction to the respondents to remove the encroachment in the villages made in Mauza Nasej, Thana No. 644 and Khata No. 188, Chak Khata No. 202, Khesra No. 270, Chak Khesra No. 238, Rakba 89 decimal respectively in P.S.-Kudra Block, Kudra, DistrictKaimur at Bhabua. The land in question is Aam Public Road encroached by the villagers.

(ii) For issuance of writ in the nature of Mandamus or any other appropriate writ/direction to the villagers to start the encroachment case on the basis

Patna High Court CWJC No.5893 of 2022(2) dt.23-11-2022 2/2 of application of petitioner (Annexure-1) dated 04.11.2019, before the Circle Officer, Kudra, Kaimur at Bhabua."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Kudra, District-Kaimur at Bhabua, for redressal of his aforesaid grievance. Liberty so sought is granted. It is needless to state that in case the petitioner approaches the Circle Officer, Kudra, District-Kaimur at Bhabua, 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 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) sonal/- U