Patna High CourtCWJC/24033/2013disposed

Mashoor Alam v. The State Of Bihar And ORS

2016-03-11Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24033 of 2013 ====================================================== Mashoor Alam, S/O Late Maksood , Village + Post - Dharam Parsa Block - Manjha Garh, Distt. - Gopalganj .... .... Petitioner

Versus

1. The State of Bihar through Commissioner, Saran

2. The District Magistrate, Gopalganj

3. The Superintendent of Police, Gopalganj

4. The Block Development Officer, Manjha Garh

5. The Circle Officer, Manjha Garh Distt. Gopalganj

6. The D.C.L.R., Gopalganj

7. The S.D.M., Gopalganj

8. The S.D.O., Gopalganj

9. The Sub - Inspector of Police Manjhagarh, Distt. - Gopalganj

10. Shreo Pujan Ram S/O Dhodha Ram Village - Dharam Parsa, P.S. Manjha Garh, Bloc K - Manjha Garh, P.O. Dhara Parsa, Distt. - Gopalganj

11. Sheo Prasad Ram S/O Dhodha Ram Village - Dharam Parsa, P.S. Manjha Garh, Bloc K - Manjha Garh, P.O. Dhara Parsa, Distt. - Gopalganj .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar, Advocate For the Respondent/s : Mr. Dev Kumar Pandey, AC to GP-6 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 11-03-2016 Heard parties.

In view of the limited prayer made at the time of hearing, this writ application is being disposed of, without going into the merit of the case, with a liberty to the petitioner to approach before the Circle Officer, Manjhagarh, Gopalganj by filing a proper petition under Bihar Public Land Encroachment Act, 1956 for removal of alleged encroachment from Plot No.2002 appertaining to Khata No.180 of Mauza Dharam Parsa. On such

Patna High Court CWJC No.24033 of 2013 (2) dt.11-03-2016 2/2 application having been filed, let the Circle Officer examine the matter and if he finds that there is encroachment upon public land/road then he will be obliged to take steps for its removal following due procedure laid down in the Statute itself and bring the proceeding to its logical conclusion within a period of six months from the date of filing of such application, however, not before granting reasonable opportunity to all the concerned including the private respondents.

However, if the Circle Officer is not satisfied with the claim of the petitioner, then in that case also, he would be required to pass a reasoned order which should be communicated to the petitioner immediately.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U