Sanjay Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10327 of 2013 ====================================================== Sanjay Kumar Singh Son Of Late Shri Kishun Singh Resident Of Village - Karsawan, P.S. - Fesar, In The Dist Of Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Aurangabad, Bihar 3.

The Sub-Divisional Officer, Sub-Division, Daudnagar In The District Of Aurangabad 4.

The Block Development Officer, Obra Block, Obra, In The District Of Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Respondent/s :

Mr. Sunil Kr. Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned counsel, appearing on behalf of the respondents. The grievance the of petitioner in the instant case is that there is inaction on the part of the authorities in the matter of removal of encroachment over the public lands. Learned counsel for the petitioner submits that the petitioner has filed representation before the District Magistrate, Aurangabad, but due to reluctance on the part of the District Magistrate, the encroachment over the public land has not been removed.

The Bihar Public Land Encroachment Act, 1956, contains repeated procedure for registration of the encroachment

Patna High Court CWJC No.10327 of 2013(2) dt.29-04-2019 2/2 case for removal of encroachment.

Since no regular case was registered, this application is disposed of with a liberty to the petitioner to file an application in prescribed format for registration of encroachment case before the Circle Officer, Obra, DistrictAurangabad, alongwith a copy of this order within a period of one month from today. On filing such application, the Circle Officer shall registered a regular encroachment case and after giving opportunity of hearing to the encroachers, the Circle Officer, Obra, District-Aurangabad shall pass appropriate order for removal of encroachment over the public lands. Necessary decision in this regard may be taken by the Circle Officer within a maximum period of six months from the date of filing of such application.

With the aforesaid observation, this application stands disposed of.

(Anil Kumar Upadhyay, J) Ashish/- U