Ranjit Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8568 of 2022 ====================================================== Ranjit Ray Son of Bhanwati @ Bhagwati Ray R/o-Village-Itahiyan, Amar Chhapra, P.S.-Muffasil, District-Saran.

... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Saran Division, Chapra. 3.

The District Magistrate-Cum-Collector, Saran. 4.

The Deputy Collector, Land Reforms, Sadar, Chapra. 5.

The Sub Divisional Officer Sadar, Saran.

6.

The Circle Officer, Sadar, Saran.

7.

The Officer-in-Charge, Muffasil P.S., District-Saran. 8.

Baban Ray S/o Late Thakur, Prasad R/O Village-Itahiyan, Amar Chhapra, P.S.-Muffasil, District-Saran.

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

For the Petitioner/s :

Mr.Shrinath Manjhi, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-07-2023 The present writ petition has been filed seeking the following reliefs:- "1.(i) To issue an appropriate order/s, direction/s, including a writ preferably in the nature of Mandamus commanding and directing upon the Circle Officer, Sadar, District- Saran (Hereinafter referred to as respondent No.-6) to remove encroachment from the public Land ( an approach road) bearing Khata No. 44, Survey No. 228, area 06 decimal situated at Mauza Itahiya which has been encroached by the private respondent by

Patna High Court CWJC No.8568 of 2022(2) dt.31-07-2023 2/2 constructing wall in some part of the approach road causing inconvenience to the public at large in passage through the same.

(ii) For directing the respondent No. 6 to compliance the order dated 07-03-2018 passed by the Divisional commissioner, Saran Division, Chapra in complaint case No. 517110131051700574/ R."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sadar, District-Saran, 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, Sadar, District-Saran, 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) Saurav/- U