Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7172 of 2022 ====================================================== Sunita Devi Wife of Ajay Kumar Singh Resident of Village- Pachtakki Yadu, Police Station- Bairgania, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Commissioner, Tirhut Division, Muzaffarpur. 3.

The District Collector, District- Sitamarhi.

4.

The Sub Divisional Officer, Sub Division Sadar, District- Sitamarhi. 5.

The Circle Officer, Circle Officer, Bairgania, District- Sitamarhi. 6.

The Station Hoise Officer, Police Station- Bairgania, District- Sitamarhi. 7.

Bikau Paswan Son of Late Jhamlal Paswan Resident of Village- Pachtakki Yadu, Police Station- Bairgania, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2022 The present petition has been filed seeking the following reliefs :- "(i) For issuance of a writ in the nature of Mandamus directing and commanding the respondent authorities to remove the encroachment from Plot no. 3381, Khata no. 1297, Tauzi no. 9338, Thana no. 11, situated under village-Pachtakki Yadu, PS-Bairgania, District-Sitamarhi as well as from Plot no. 7864, which is main road of the Block i.e. JamuaBairgani road, passing from western boundary of the aforesaid plot no. 3381.

(ii) For issuance of writ/ writs, order/ orders, direction/ direction to the respondent no. 7 to

Patna High Court CWJC No.7172 of 2022(2) dt.02-12-2022 2/2 remove illegal encroachment from the land of the petitioner as well as from infront of the petitioner's land i.e. over the Bairgania Jamua road, by which the petitioner is in problem to go at her land as well as the valuation of land also will decrease due to illegal encroachment by the respondent no. 7 from the side of the road, including from the personal land of the petitioner."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bairgania, District- Sitamarhi 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, Bairgania, District- Sitamarhi 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) rinkee/- U