Mohammad Mainul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9469 of 2020 ====================================================== Mohammad Mainul Haque S/o Late Md. Dastgir Resident of Village- Dih Berai, P.S.- Sadar, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Land- Reform and Revenue Department, Bihar, Patna.

2.

The District Magistrate Darbhanga.

3.

The Land Reform District, Collector Darbhanga. 4.

The Anchal Adhikari Sadar, Darbhanga.

5.

Kulanand Rai Son of Dularchand Rai Resident of Village- Khutwar, P.S.- Sadar, District- Darbhanga.

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Respondent/s :

Mr. Ebadur Rahman Shakeb, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-10-2022 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of writ of mandamus commanding the respondents authority to take legal action for removing the encroachment from the land of pond situated under Mouza Dih Berai, Thana No. 613, bearing Khesra No. 138(Old)- 566(New) measuring an area 2 bigha 2 katha District-Darbhanga.

(ii). For issuance of writ of mandamus commanding respondent authority to take necessary action against private respondent no. 5, who encroached the

Patna High Court CWJC No.9469 of 2020(2) dt.18-10-2022 2/2 land of pond which is recorded AnabadSarb-Sadharan." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sadar, DistrictDarbhanga 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, Sadar, District-Darbhanga 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.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U