Prem Chandra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8793 of 2019 ====================================================== Prem Chandra Thakur, son of Fudi Thakur, resident of village- Belmohan, P.S.- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Madhubani.

3.

The Sub Divisional Officer, Phulparas, District- Madhubani. 4.

The Circle Officer, Ghoghardiha, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Respondent/s :

Mr. Md.Khurshid Alam, AAG-12.

====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 23-04-2019 The petitioner complains of encroachment over a public road bearing Khata No.128, Khesra Nos. 586, 588, 638 and 640 in village Belmohan under Phulparas Police Station in the district of Madhubani.

The pleadings on record would confirm that on a complaint made by the villagers before the Sub-Divisional Officer, Phulparas, district- Madhubani the matter was referred to the Circle Officer for examination and who got an enquiry conducted through the Revenue Karmchari whose report is at Annexure-3 to

Patna High Court CWJC No.8793 of 2019 dt.23-04-2019 2/2 the writ petition and confirms encroachment. It is bearing note of such report that the Circle Officer has requested the local Station House Officer, Phulparas for providing administrative and police support for removal of the encroachment vide Annexure 4 and a similar request is also made before the Sub-Divisional Officer, Phulparas. The complaint of the petitioner is that despite the steps taken the encroachment has not been removed.

Having considered the complaint and since the respondent authorities in the district of Madhubani i.e. respondent nos.3 and 4 have upheld the complaint so made regarding encroachment on a public land, for the present we would only direct the respondent nos.3 and 4 to take the exercise initiated to its conclusion within a period of three months of receipt/production of a copy of this judgment but in accordance with law and after opportunity of representation to the alleged encroachers.

The writ petition is disposed of accordingly. (Jyoti Saran, J) ( Anjani Kumar Sharan, J) Anjula/skpathak AFR/NAFR NAFR CAV DATE NA Uploading Date 30.04.2019 Transmission Date NA