Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9463 of 2019 ====================================================== Birendra Kumar Son of Late Rajkumar Sah Resident of Village-Chakgaji, Ahiyapur, P.O-Bhikhanpur, P.S.-Ahiyapur, District-Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue, Government of Bihar, Patna 2.

The Commissioner, Tirhut Division, Muzaffarpur 3.

The District Officer cum- Collector, Muzaffarpur 4.

The Senior Superintendent of Police, Muzaffarpur 5.

The Deputy Collector Land Reforms (East), Muzaffarpur 6.

The Sub Divisional Officer cum Divisional Public Grievance Officer, Division-Muzaffarpur East, District-Muzaffarpur 7.

The Officer in-charge, Ahiyapur Police Station, District-Muzaffarpur 8.

The Circle Officer, Mushahari, Sub Division-Muzaffarpur East, DistrictMuzaffarpur 9.

Pankaj Rai Son of Late Surajdeo Rai Resident of Village-Shekhpur, P.O.- Shekhpur, P.S.-Ahiyapur, District-Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Respondent/s :

Mr.Md. Khursid Alam ( Aag12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-04-2019 The petitioner is aggrieved by the encroachment over the public land.

Learned counsel for the petitioner submits that petitioner is adversely affected by encroachment over the public land and road.

If there is any encroachment over the public land and road, the proper remedy is to approach the appropriate authority for removal of the same by making appropriate

Patna High Court CWJC No.9463 of 2019(2) dt.26-04-2019 2/2 application under Section 133 Cr.P.C. before the Sub-Divisional Officer or the Circle Officer for removal of the encroachment under the Bihar Land Encroachment Act. The petitioner is granted liberty to approach either of the authority as stated above for removal of encroachment and in case application is filed by the petitioner along with a copy of this order, the authority concerned shall register appropriate case and take decision after hearing the encroachers within a maximum period of six months from the date of filing of such application. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U