Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6980 of 2022 ====================================================== Sumit Kumar Son of Mahendra Rai Resident of Village Milki Saidpur Purkhomitpur, P.S.- Patory, District- Samastipur (Bihar). ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Samastipur.

3.

The Additional Collector, District- Samastipur. 4.

The Sub-Divisional Officer, Patory, District- Samastipur. 5.

The Deputy Collector, Land Reform, District- Samastipur. 6.

The Circle Officer, Morwa, District- Samastipur. 7.

Arvind Rai Son of Late Ram Shankar Rai Resident of Village Milki Saidpur Purkhomitpur, P.S.- Patory, District- Samastipur (Bihar). 8.

Ram Balak Rai Son of Late Kuldeep Rai Resident of Village Milki Saidpur Purkhomitpur, P.S.- Patory, District- Samastipur (Bihar). 9.

Biro Rai @ Birchandra Rai Son of Late Kuldeep Rai Resident of Village Milki Saidpur Purkhomitpur, P.S.- Patory, District- Samastipur (Bihar). 10.

Dharmendra Rai Son of Biro Rai @ Birendra Rai Resident of Village Milki Saidpur Purkhomitpur, P.S.- Patory, District- Samastipur (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Sinha, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2022 The present writ petition has been filed seeking the following relief:- "1(i). To issue an appropriate order/s, direction/s including a writ preferably in the nature of Mandamus, commanding and directing upon the respondent no. 6 (hereinafter referred to as Circle Officer, Morwa to initiate a proceeding under

Patna High Court CWJC No.6980 of 2022(2) dt.02-12-2022 2/3 Section 3(1) of the Bihar Public Land Encroachment Act, 1956 and remove the encroachment from the Gairmazarua Aam (Public Land) appertaining to Khata No. 19, Khesra No. 114, Area about 3 acre, situated in Village Saidpur Milki alias Pukhomitpur, P.S. Patory, DistrictSamastipur encroached by the private respondents."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Morwa, DistrictSamastipur 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, Morwa, District-Samastipur 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.

Patna High Court CWJC No.6980 of 2022(2) dt.02-12-2022 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/SonalU