Suresh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6312 of 2023 ====================================================== Suresh Prasad Son of Dinanath Prasad, Resident of Village- Madhuban (North), Ward No. 10, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Revenue and Land Department, Govt. of Bihar, Patna.

3.

District Magistrate-cum-Collector, East Champaran at Motihari. 4.

Additional Collector, East Champaran at Motihari. 5.

D.C.L.R. Pakridayal, District- East Champaran. 6.

Anchal Adhikari, Anchal Madhuban, District- East Champaran. 7.

Dilip Paswan Son of Prasad Paswan, Resident of Village Madhuban North, Ward No. 2, P.S.- Madhuban, District- East Champaran. 8.

Hajari Mukhia Son not known, Resident of Village Madhuban North, Ward No. 2, P.S.- Madhuban, District- East Champaran. 9.

Shivjee Sah S/o Late Bhikhar Sah, Resident of Village Madhuban North, Ward No. 2, P.S.- Madhuban, District- East Champaran. 10.

Jhingur Sah S/o Late Ramkrit Sah, Resident of Village Madhuban North, Ward No. 2, P.S.- Madhuban, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 17-10-2023 The present writ petition has been filed seeking the following relief:- "1(a). To issue a writ of mandamus or any other writ or writs direction or directions commanding upon the respondents for vacating the encroachment made by Respondent No. 7 to 10, who have constructed their huts and Bathan over

Patna High Court CWJC No.6312 of 2023 dt.17-10-2023 2/2 Gairmajaraua Aam land which is used as Public Road by the petitioner and public in general due to which has become difficult for the petitioner and villager to come & go from their houses."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Madhuban, District-East Champaran, for redressal of his aforesaid grievance. Liberty so sought, is granted. 3.

It is needless to state that in case, the petitioner approaches the Circle Officer, Madhuban, District-East Champaran, 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. 4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.10.2023 Transmission Date NA