Yogendra Sharma @ Trishul Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2093 of 2017 ====================================================== Yogendra Sharma @ Trishul Singh Son of late Suresh Sharma Resident of Village- Ular, P.O. Bharatpura, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Chief Secretary, Government of Bihar 2.

The Collector, Patna Division, Patna.

3.

The Land Reforms Deputy Collector, Paliganj, District- Patna. 4.

The Anchaladhikari, Paliganj, District- Patna. 5.

The Anchaladhikari,Dulhin Bazar, Patna.

6.

Arun Singh Son of late Rajeshwar Singh Resident of Village-Ular, PO. Bharatpura, P.S. Dulhin Bazar, Patna.

7.

Rakesh Kumar son of Sri Rajeshwar Singh Resident of Village- Ular, P.O. Bharatpura, P.S.- Dulhin Bazar, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh For the Respondent/s :

Mr.Rishi Raj Sinha -Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2019 The present case has been filed for removing the encroachment made over the Gairmazarua Aam land situated in mauza Ular, Thana no. 245, Khata no. 100, Plot no. 470, Area-10 decimals, which has illegally been encroached by the private respondents no. 6 and 7.

This Court is of the view that in case, encroachment has been made over public land, the remedy for the petitioner lies before the Circle Officer concerned under the provisions of the Bihar Public Land Encroachment Act, 1956. In such view of the matter, liberty is granted to the

Patna High Court CWJC No.2093 of 2017(3) dt.19-09-2019 2/2 petitioner to approach the Circle Officer, Paliganj/ Dulhin Bazar, Patna by filing an appropriate complaint under the provisions of the Bihar Public Land Encroachment Act, 1956, whereupon the said Circle Officer shall examine the complaint of the petitioner and in case, he finds that encroachment has been made over the public land, then the said Circle Officer shall take appropriate steps under the provisions of the Bihar Public Land Encroachment Act, 1956 and after issuing notice to the encroachers and considering their objections, he shall pass final orders under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, forthwith.

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

(Mohit Kumar Shah, J) rinkee/- U