Md. Wazair Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5679 of 2023 ====================================================== Md. Wazair Alam son of Late Abdus Sattar, resident of Ward No. 7, Madhuban, P.S. Madhuban, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna.

2.

The District Magistrate, East Champaran, Motihari. 3.

The Senior Deputy Collector District Revenue Section, East Champaran, Motihari.

4.

The Sub-Divisional Officer, Pakrideyal, District-East Champaran. 5.

The Anchal Adhikari, Madhuban Anchal, District-East Champaran. 6.

Suresh Prasad son of Sheo Deyal Prasad, resident of at and P.S. Madhuban, District-East Champaran.

7.

Abdul Bari son of Mubarak Hussain, resident of at and P.S. Madhuban, District-East Champaran.

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

For the Petitioner/s :

Mr.Md. Anisur Rahman, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(A) For issuance of appropriate writ/order or direction commanding the respondent no. 1 to 5 to initiate a proceeding under section 3 of the Bihar Public Land Encroachment Act 1956 and also to remove the encroachment from the public land appertaining thana No. 85, Khata No. 466, Khesra No. 861 and Khata No. 465, Khesra No. 904 Gair Mazarua Aam land situated in village Madhuban, Anchal/ P.S.

Patna High Court CWJC No.5679 of 2023(2) dt.16-10-2023 2/2 Madhuban District East Champaran which has been wrongly encroached by the respondent no. 6 and 7 and Aam Rasta of the general public has been completely blocked.

(B) For issuance of appropriate writ /order or direction Commanding the respondents to make Aam Raasta of the General people free and clear for the people by removing the encroachment made by the said respondent No.

6 and 7 on the above mentioned land and also to maintain the same as public Rasta for use of general people for ever."

2. After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Madhuban, District-East Champaran, Motihari, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stand disposed off.

(Mohit Kumar Shah, J) Saurav/- U