Ajay Kumar Mittal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6540 of 2022 ====================================================== Ajay Kumar Mittal Son of Chhedu Mittal, Resident of near Karpuri Chowk, Janakpur Road, Pupri Bazara, P.S. Pupri, District-Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Principal Secrerary, urban Development Department, Government of Bihar, Patna.

3.

The District Magistrate, Sitamarhi, Bihar.

4.

The Sub Divisional Officer, District Sitamarhi, Bihar. 5.

The Circle Officer, Pupri Circle, Sitamarhi, District -Sitamarhi, Bihar. 6.

The Executive Officer, nagar Parishad, Pupri, District Sitamarhi, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2022 The present writ petition has been filed for directing the respondent authorities not to take any coercive action pertaining to demolition of the house of the petitioner situated over the land in question, without carrying out measurement/demarcation as per the sanctioned Government map published by the Government press, Gujzarbagh, Patna insteadof relying on unauthenticated local maps. It is also submitted that since encroachment proceedings are going on

Patna High Court CWJC No.6540 of 2022(2) dt.21-07-2022 2/3 before the Circle Officer, Pupri Circle, DistrictSitamarhi, the petitioner be granted liberty to file his show cause reply and till then, some protection be granted.

The learned counsel for the RespondentState submits that in case, the petitioner approaches the Circle Officer, Pupri Circle, DistrictSitamarhi i.e. the Respondent No. 5 and files his objections / show cause reply, annexing the latest map as has been published by the State Government, the Respondent No. 5 shall definitely consider the same and pass appropriate orders under the provisions of the Bihar Public Land Encroachment Act, 1956 as also in accordance with law.

Having regard to the facts and circumstances of the present case, the present writ petition stands disposed of with liberty to the petitioner to approach the Respondent No. 5 and file appropriate show cause reply, as aforesaid, in the ongoing encroachment case, within a period of four weeks from today, which shall be considered

Patna High Court CWJC No.6540 of 2022(2) dt.21-07-2022 3/3 by the Respondent No. 5 and appropriate final order shall be passed in accordance with law as also in accordance with the provisions contained in the Bihar Public Land Encroachment Act, 1956. It is needless to state that in case, show cause reply is filed within a period of four weeks from today, status quo, existing as on today, shall be maintained till the final disposal of the aforesaid encroachment case by the Respondent No. 5.

It is expendable to mention that measurement, if required, may be resorted to in appropriate weather condition.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U