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Patna High CourtCWJC/8087/2022disposed

Ram Nivash Sharma v. The State Of Bihar

2022-12-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8087 of 2022 ====================================================== Ram Nivash Sharma Son of Surendra Singh Resident of Village- Koyli, P.S.- Makhdumpur, District- Jehanabad.

... ... Petitioner/s

Versus

1.

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

The Collector Jehanabad.

3.

The Superintendent of Police Jehanabad.

4.

The Sub Divisional Officer Jehanabad.

5.

The Circle Officer Makhdumpur, District- Jehanabad. 6.

Akhileshwar Prasad Singh Son of Late Kamta Prasad Singh Resident of Village- Koyli, P.S.- Makhdumpur, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2022 The present writ petition has been filed seeking the following reliefs:- "1. That this is an application for issuance of an appropriate writ/directions to initiate a proper proceeding under the Bihar Land Encroachment Act and remove encroachment from Khata No. 188 Plot No. 233 Area 64 decimal which is an Aam Rasta and has been encroached by respondent No.06 and even the respondent No.06 is making construction over there causing the village people stoppage of Aam Rasta which is situated at Village people stoppage of Aam Rasta which is situated at Village- Koyli, P.S.- Makhdumpur, District-Jehanabad. The petitioner

Patna High Court CWJC No.8087 of 2022(2) dt.05-12-2022 2/2 further prays for any other relief(s) for which the petitioner may be found entitled in the facts and circumstances of the present case."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Makhdumpur, District- Jehanabad, 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, Makhdumpur, DistrictJehanabad, 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) S.Sb/Saurav U