← Library
Patna High CourtCWJC/20358/2016disposed

Md. Ahmadullah v. The State Of Bihar And ORS

2019-08-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20358 of 2016 ====================================================== Md. Ahmadullah son of Shekh Bhola, resident of Village- Telva, Etaha, TolaBela, P.S.District- Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Water Resources Department, Government of Bihar, Patna 2.

The Director, Land Acquisition and Rehabilitation, Water Resources Department, Govt. of Bihar, Patna 3.

The Rehabilitation Officer, Koshi Project, Supaul. 4.

The District Magistrate, Supaul.

5.

The Sub Divisional Officer, Supaul.

6.

The Circle Officer, Supaul.

7.

Md. Mehdi Hussain, son of Late Md. Shekh Yasin, 8.

Md. Akhlakh, son of Mehdi Hussain, Both are resident of Village- Chak Dumariya, Punarawas, PO- Pipara Khurd, P.S.District- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Nath Yadav For the Respondent/s :

Mr.Subhash Chandra Yadav-Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2019 The present writ petition has been filed for directing the respondent- authorities to institute encroachment case against the respondents no. 7 and 8 under the provisions of the Bihar Public Land Encroachment Act, 1956.

Having regard to the provisions contained in the Bihar Public Land Encroachment Act, 1956, admittedly, the petitioner has to approach the Circle Officer, Supaul for the aforesaid purposes.

Thus, this Court finds that the petitioner should

Patna High Court CWJC No.20358 of 2016(5) dt.01-08-2019 2/2 approach the Circle Officer, Supaul by filing appropriate claim petition under the Bihar Public Land Encroachment Act, 1956 and in case, the Circle Officer finds that the alleged encroachment is over the public land, appropriate encroachment proceedings shall be initiated and after considering the objections of the encroachers, a final order under Section 6 of the Bihar Public Land Encroachment Act, 1956 shall be passed within a period of twelve weeks of filing of the said complaint petition.

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

(Mohit Kumar Shah, J) rinkee/- U