Lal Bihari Hazara @ Bihari Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19139 of 2015 ====================================================== Lal Bihari Hazara @ Bihari Paswan S/o Late Bagarr Hazara @ Late Bagarr Paswan R/o village - Gobari, P.S. Banjariya, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate - cum - Collector, East Champaran at Motihari 3.

The Sub - Divisional officer, Sadar, East Champaran at Motihari 4.

The Circle officer, Banjariya Circle, East Champaran 5.

Mahendra Rai S/o Manu Rai 6.

Rampravesh Rai S/o Shivmangal Rai 7.

Yadolal Rai S/o Nathuni Rai 8.

Ramagya Rai S/o Manu Rai All R/o village - Gobari, P.S. Banjariya, District - East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Respondent/s :

Mr.A.K. Choudhary, AAG-13 Mr. Prabhat Ranjan Singh, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2023 The present writ petition has been filed seeking the following reliefs:- "1. i. For issuance of a writ in the nature of mandamus or a writ of mandamus or any other writ of the like nature thereby directing the respondent authorities to decide upon the encroachment case filed by the petitioner for removal of encroachment of public land by the respondents nos. 5 to 8.

ii. For issuance of a writ in the nature of

Patna High Court CWJC No.19139 of 2015(2) dt.27-03-2023 2/3 mandamus or a writ in the nature of mandamus thereby directing the respondents to vacate the public land encroached by the respondent nos. 5 to 8 which is used by the petitioner who is a member of the Scheduled Caste as well.

iii. For a writ in the nature of mandamus or a writ of mandamus or any other writ of the like nature thereby directing the official respondents to ensure safety and security of the petitioner herein."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Banjariya Circle, District-East Champaran, 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, Banjariya Circle, District-East Champaran, 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

Patna High Court CWJC No.19139 of 2015(2) dt.27-03-2023 3/3 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) S.Sb/SauravU