Vinod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9240 of 2019 ====================================================== Vinod Singh, S/o late Ramnandan Singh, Village- Patpariya Hal, P.S.- Motihari Mufassil, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

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

The Collector cum District Magistrate, East Champaran, Bihar 3.

The Additional Collector, East Champaran, Bihar 4.

D.C.L.R., East Champaran, Bihar 5.

Circle Officer, Motihari Sadar, East Champaran, Bihar 6.

Virendra Singh, S/o Late Ram Dawan Singh, resident of Village- Patpariya Hal, P.S. Motihari Mufassil, Distt.- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Respondent/s :

Mr.Subash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and the State.

2. The grievance of the petitioner in the instant writ application is inaction on the part of the respondents.

3. Learned counsel for the petitioner submits that despite removal of encroachment by the authorities fresh encroachment over the public land has been surfaced.

4. Referring to Annexure-9 he submits that the respondents have allowed the fresh encroachment and such act is not in consonance with the order passed by the competent authority exercising the jurisdiction under the Bihar Public Land

Patna High Court CWJC No.9240 of 2019(2) dt.25-04-2019 2/2 Encroachment Act.

5. Considering the aforesaid, the writ application is disposed of with liberty to the petitioner to approach the District Magistrate, East Champaran along with a copy of this order and the materials to indicate that the encroachment has resurfaced.

6. On filing of such application, the District Magistrate shall cause an enquiry and fix the accountability on the official, whose reluctant led to fresh encroachment over the public land.

7. Necessary action for removal of encroachment shall be done under the supervision of the District Magistrate, East Champaran within a period of one month after general election. (Anil Kumar Upadhyay, J) uday/- U