Bindeshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11727 of 2019 ====================================================== Bindeshwar Ram Son of Kapildev Ram Resident of Village- Lohra, P.O.- Badlu Tola, P.S. Chapra Muffasil, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 4.

The Collector-cum-District Magistrate, Saran at Chapra. 5.

The Sub-Divisional Magistrate, Chapra Sadar, District- Saran at Chapra. 6.

The Deputy Collector Land Reforms, Chapra Sadar, District- Saran at Chapra.

7.

The Circle Officer, Chapra Sadar, District Saran at Chapra. 8.

Bharat Ram Son of Late Snehi Ram Resident of Village- Lohra, P.O.- Badlu Tola, P.S. Chapra Muffasil, District- Saran at Chapra. 9.

Baleshwar Ram Son of Late Tribhuwan Ram Resident of Village- Lohra, P.O. Badlu Tola, P.S.- Chapra Muffasil, District- Saran at Chapra. 10.

Sanjay Ram Son of Bharat Ram Resident of Village- Lohra, P.O.- Badlu Tola, P.S.- Chapra Muffasil, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan For the Respondent/s :

Mr. Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-02-2024 This is an application for direction to the respondents to remove the encroachment from Public land which has been encroached by the private respondent nos. 08 to 10.

2. It is the contention of the petitioner that the respondent nos 08 to 10 are encroachers but despite two reports about the encroachment, no proceeding has been initiated by the Circle Officer, Chapra(Sadar).

Patna High Court CWJC No.11727 of 2019(3) dt.26-02-2024 2/2

3. This application is disposed of with a direction to the Circle Officer, Chapra(Sadar) to consider the matter and if he finds that there is an encroachment then he will issue notice to the respondent nos. 08 to 10 and any other encroacher. After proper inquiry and after hearing the alleged encroacher, he will pass an order in accordance with law.

4. Until and unless, the final order is passed, the alleged encroacher(s) shall not be disturbed.

5. Let a copy of this order be communicated to the District Magistrate, Chapra through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U