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Patna High CourtCWJC/5915/2023disposed

Bichindra Manjhi v. The State Of Bihar

2023-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5915 of 2023 ====================================================== Bichindra Manjhi S/o Girijanand Manjhi Resident of Village- Parmanandpur, P.S.- Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Bihar, Patna.

2.

The District Magistrate, Sitamarhi.

3.

The Deputy Collector Land Reform, Sitamarhi.

4.

The Sub-Divisional Officer, Dumra, District- Sitamarhi. 5.

The Circle Officer, Dumra, Dist.- Sitamarhi.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Respondent/s :

Mr.Md. Nadim Seraj (Gp5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of writ in the nature of mandamus commanding and directing the Respondent authorities to initiate an encroachment proceeding for removal of encroachment from Plot No. 2678 under Khata No. 509 and Plot No. 2677 under Khata No. 511 and Plot No. 2672 under same Khata which has been recorded in the name of Bihar Government and is being utilized for storage of water by the public of the locality but the private persons have encroached upon the public land. (ii) For further direction to the Respondent authorities to remove the encroachment after hearing the parties within time. concerned

Patna High Court CWJC No.5915 of 2023(2) dt.17-10-2023 2/2 (iii) For further direction to the Respondent authorities to dispose of representation of the petitioner by reasoned and speaking order within time framed."

2.

At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Dumra, District- Sitamarhi for redressal of his aforesaid grievances. Liberty so sought is granted.

3.

It is needless to state that in case, the petitioner approaches the Circle Officer, Dumra, District- Sitamarhi, 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 present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U