Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9804 of 2020 ====================================================== Niraj Kumar Son of Late Bimla Charan Sandilya, Resident of Mirzapur, Post Office- Bhagwanpur, Block- Hulasganj, District- Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department, of Revenue and Land Reforms, Govt. of Bihar 2.

The Collector, Jehanabad 3.

The Circle Officer, Hulasganj, Jehanabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-09-2022 The present writ petition has been filed seeking the following reliefs:- "(i) For commanding the respondent authorities to remove the encroachment from the land being Public Road appertaining to Thana No. 673, Khata No. 55, 82, 94, 30 and bearing Plot Nos. 372, 373, 374 & 375 respectively situated at Mauza-Mirjapur in Hulasganj Circle and District-Jehanabad in terms of order dated 09.12.2019, passed by the SubDivisional Public Grievance Redressal Officer, having been affirmed by the First Appellate Authority, vide his order dated 05.05.2020.

(ii) In the alternative for commanding the respondent no.3 to initiate a proper proceeding under the provisions of Bihar Public Land Encroachment Act for removal of encroachment from the aforesaid land

Patna High Court CWJC No.9804 of 2020(2) dt.08-09-2022 2/2 and after passing of the final order, to remove the encroachment from the said land and to bring the said proceeding to a logical conclusion."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Hulasganj, District-Jehanabad 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, Hulasganj, District-Jehanabad 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, within a period of 12 weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U