Keshav Sharan Pandey v. The State Of Bihar Through The Principal Secretary,
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10190 of 2021 ====================================================== Keshav Sharan Pandey Son of Late Radhakant Pandey Resident of Village - Patkhauli, Ward No. 3, P.S. - Bagaha, District- West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Road Construction Department Government of Bihar, Patna.
2.
The Distict Magistrate, West Champaran at Bettiah. 3.
The Chief Engineer, Road, Construction Department North Bihar Vishweshwaraiya Bhawan, Jawaharlal Nehru Marg, Patna. 4.
The Land Acquisition Officer, West Champaran at Bettiah. 5.
The Sub-Divisional Officer, Bagaha, West Champaran. 6.
The Circle Officer, Bagaha-2, West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithvi Nath Mishra,Advocate For the Respondent/s :
Mr. Mukul Prasad, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-10-2022 The present writ petition has been filed seeking the following reliefs:- "(a) For issuance of an appropriate writ or direction to the authorities to remove the encroachment on public road running from Bettiah to Haranatan. (b) For this road is established in Khesra No. 217, 218, 219 and this road is running from behind the Village Sidhar, P.S. Laukariya, Dist-West Champaran and Village of Sidhav is established near Laukariya Police Station Anchal Bagaha-2, Dist-West Champaran.
(c) For this public road has been encroached by some local strong peoples in village of Sidhav Tota
Patna High Court CWJC No.10190 of 2021(2) dt.13-10-2022 2/3 Mahuvi Dih near P.S. Laukariya, Dist- West Champaran and encroached the public road and constructed houses on both side of the road.
(d) For that some strong local persons encroached the Public road and total encroached length of 40 width in western side and 30' feet width in eastern side total 70 feet width public road has been encroached while total length of road 150 feet width is there in place of village- Sidhav Tola Mahuvi Dih, P.S. Laukariya Anchal Bagaha-2, Dist- West Champaran.
(e) For clearing the encroachment on the pulic road from both side west and east for free movement of vehicles and other carried and public this road is very busy road and several problems has been created due to this encroachment."
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bagaha-2, District- West 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, Bagaha-2, District- West 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,
Patna High Court CWJC No.10190 of 2021(2) dt.13-10-2022 3/3 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) S.Sb/SonalU