Chhedi Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14863 of 2013 ====================================================== Chhedi Yadav son of Buttu Yadav, resident of village-Guraru Tola, Mathiya, P.S.-Guraru, District-Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Land Reforms Department, Govt. of Bihar.

2. The District Collector, Gaya, District-Gaya.

3. The Sub-divisional Officer, Gaya, District-Gaya.

4. Deputy Collector, Land and Reforms, Gaya, District-Gaya.

5. The Circle Officer, Anchal Guraru, District-Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar For the Respondent/s : Mr. P.K. Verma, A.A.G-3 Dr. Mankeshwar Tiwary, A.C. to A.A.G-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2017 Heard learned counsel for the petitioner and learned A.C. to A.A.G.-3.

The present writ application has been filed for a direction to the respondent authorities to get the encroachment removed from the land appertaining to Khata No. 241, Plot No. 1754 situated in Gurua Village in Gaya District. It is submitted by the learned counsel for the petitioner that the land in question is recorded in the revenue record as Gairmazarua Aam land and on the said land, some Government building has been sanctioned to be constructed but the same has not been constructed but the land in question has

Patna High Court CWJC No.14863 of 2013 (2) dt.28-04-2017 2/3 been encroached upon by anti-social elements. For removal of encroachment, a representation, as contained in Annexure-2, was submitted before the Circle Officer, Gurua, respondent no.4, on 18.02.2013 and subsequently, on 23.03.2013, a public petition was also submitted before the S.D.O., Tekari, respondent no.3, with a prayer to remove the encroachment from the public land in question but the encroachment has not been removed till date. Considering the nature of relief prayed for, the present writ application is disposed of with a liberty to the petitioner to file representations ventilating his grievances before the District Magistrate, Gaya, respondent no.2 within a period of three weeks of receipt/production of the copy of this order, when it is expected from respondent nos.

2 to dispose of the representation of the petitioner within a period of six weeks thereafter and if the respondent no.2 arrives at a conclusion that the land in question is a public land and has been encroached upon which requires initiation of proceeding under Bihar Public Land Encroachment, Act then it should be initiated within a period of two weeks of such conclusion being arrived at.

Patna High Court CWJC No.14863 of 2013 (2) dt.28-04-2017 3/3 opportunity of being heard to all affected persons, within a period of four months from initiation of such proceeding. (Dinesh Kumar Singh, J) Amrendra/- U