Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6909 of 2023 ====================================================== Lal Babu Singh Son of Late Chanarik Singh, Resident of Village-Kaithrain, P.s. Mehandia, District-Arwal.

... ... Petitioner/s

Versus

1.

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

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Arwal.

4.

The Circle Officer, Kaler, District- Arwal.

5.

The Deputy Collector Land Reform, Kaler, District- Arwal. 6.

The Collector, Arwal.

7.

Jainath Yadav, Son of Sidheshwar Singh, resident of Village-Kaithrain, PSMehandia, District-Arwal. 8.

Birendra Yadav, Son of Late Ram Subhag Singh, resident of VillageKaithrain, PS-Mehandia, District-Arwal. 9.

Manoj Yadav, son of Surya Dayal Singh, resident of Village-Kaithrain, PSMehandia, District-Arwal. 10.

Parmeshwar Singh, son of Late Hari Singh, resident of Village-Kaithrain, PS-Mehandia, District-Arwal.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parashuram Singh, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 Mr.Arif Daula Siddiqui, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-11-2023

1. The present writ petition has been filed seeking the following reliefs:- "1. To issue an appropriate writ/order/direction in the nature of Mandamus to command the respondents to remove the illegal encroachment made by the private respondents of Kaithrain village on the Garmazarua Malik Government land appertaining to Khata No. 111, Plot No.438, Area-1

Patna High Court CWJC No.6909 of 2023(2) dt.06-11-2023 2/2 Acre, 47 decimal situated at Village-Kaithrain, PSMehandia, District-Arwal. ii. To command the respondents to send notice to the encroachers/private respondents to remove encroachment from the Government land in a stipulated period."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Kaler, District-Arwal, for redressal of his aforesaid grievance. Liberty so sought is granted.

3. It is needless to state that in case the petitioner approaches the Circle Officer, Kaler, District-Arwal, 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.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U