Chhotelal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11329 of 2021 ====================================================== Chhotelal Prasad S/o- Radhakishun Ray Resident of ward No.- 16, VillageBela, Chanri, Dist.- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Land Revenue Department, Govt. of Bihar.

2.

The District Magistrate Dist.- East Champaran (Motihari). 3.

The Superintendent of Police Dist.- East Champaran (Motihari). 4.

The S.D.P.O., Dhaka Dist.- East Champaran (Motihari). 5.

The Sub- Divisional Officer Dhaka, Dist.- East Champaran (Motihari). 6.

The Circle Officer, Bankatawa East Champaran (Motihari). 7.

Virendra Yadav S/o- Late Ram Suraj Ray Resident of Ward No. -15, Village Bela, Chanri, Dist.- East Champaran (Motihari). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Shankar Choubey For the Respondent/s :

Mr.Lalit Kishore ( Ag ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-09-2022 The present writ petition has been filed seeking the following relief:- "i) For a direction to the respondents to remove the encroachment from khata No. 14, Kheshra No. 904, Thana no. 33, area-11 Katha, 11 Dhur situated in Mauza Bela, Post Chanri, P.S. Jitana, Dist. East Champaran, which is Gtairmazarua land and which is used by the villagers since long time but from some time the same has been encroached by respondent no. 7 and being used by him as his private land.

ii) For a direction to the respondents to cancel the

Patna High Court CWJC No.11329 of 2021(2) dt.30-09-2022 2/2 settlement if any in favours of the respondent no. 7 of the same land by the respondent authority. iii) For direction to remove any construction or any other mean of encroachment from the land in question."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bankatawa, District East Champaran (Motihari), for redressal of his aforesaid grievances. Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Bankatawa, District East Champaran (Motihari), by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of 4 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) Tiwary/- U