Makhan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6405 of 2022 ====================================================== Makhan Sahani Son of Harman Sahani, resident of Village- Kharkatwa, P.S.- Palanwa, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Collector, East Champaran at Motihari. 3.

The Sub Divisional Officer (S.D.O.) Raxaul, East Champaran. 4.

The Circle Officer Ramgrahwa, East Champaran. 5.

Nagendra Mukhiya Son of Dasai Mukhiya, resident of Village- Kharkatwa, P.S.- Palanwa, District- East Champaran 6.

Sukat Shani Son of Late Premi Shani, resident of Village- Kharkatwa, P.S.- Palanwa, District- East Champaran 7.

Sukhdeo Sahani Son of Late Premi Shani, resident of Village- Kharkatwa, P.S.- Palanwa, District- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2022 The present writ petition has been filed seeking the following relief:- "1. For issuance of a writ in the nature of mandamus commanding and directing the Respondents particularly the Respondent No. 4 the Circle Officer, Ramgrahwa, East Champaran to expedite & dispose of earliest as possible as earlier to the Encroachment Case No.

30/2018-19, which has been initiated against the respondents no. 5 to 7 and

Patna High Court CWJC No.6405 of 2022(2) dt.05-12-2022 2/3 other persons who have encroached the Government Land (Aam Gairmajarua Land) Public road situated under Mauza Kharkatwa, Thana No. 29, Khata No. 4, Plot No. 594 comes under the jurisdiction of Circle Office Ramgrahwa East Champaran, pending before the Circle Officer, Ramgrahwa, East Champaran and after to conclude the encroachment proceeding under the Bihar Public Land Encroachment Act earliest as possible earlier remove the encroachment from the Government Land (Aam Gairmajarua Land) public road situated under Mauza Kharkatwa, Thana No. 29, Khata No. 4, Plot No. 594 comes under the jurisdiction of circle office Ramgrahwa East Champaran."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Ramgrahwa, District-East Champaran 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, Ramgrahwa, District- East Champaran, by filing

Patna High Court CWJC No.6405 of 2022(2) dt.05-12-2022 3/3 appropriate representation, within a period of four weeks from today, necessary steps shall be taken by the Circle Officer, Ramgrahwa, District-East Champaran for removal of the encroachment in question, in case he has passed the final order under the provisions of the Bihar Public Land Encroachment Act, 1956, holding that encroachment has been made over the land in question.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/SonalU