Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9645 of 2022 ====================================================== Anita Devi W/o- Sachchida Nand Singh, R/o- Lemzarar Lane, Khajekala, Jhauganj, Sampatchak, Patna City, Bihar- 800008 ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Division- Patna, District- Patna. 3.

The District Magistrate, Patna, District- Patna. 4.

The Sub- Divisional Officer Anchal Patna Sadar Distt.- Patna. 5.

The Circle Officer, Patna Sadar, Distt.- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2023 The present writ petition has been filed seeking the following relief:- "1(i). That this is an application praying for the issuance of a writ of the nature of mandamus or any other appropriate writ, order or direction commanding the Respondents to quash the order dated 5.5.2022 passed by the Circle Officer (Respondent No.5) Anchal Patna Sadar DistrictPatna bearing encroachment Case No. 58/202122 initiated with respect to Mauja Sabalpur thana no. 169, 170 situated at Khanah Takiya Sariff, Mittan Ghat and under construction Ganga Pathway part of Ganga Diyara area as well as notice dated 05.05.2022 in which the circle

Patna High Court CWJC No.9645 of 2022(3) dt.05-09-2023 2/2 officer, Patna Sadar directed himself removed the encroachment within one week, thereafter, the Circle Officer will be forcefully demolish the encroach land."

2.

At the outset, the learned counsel for the RespondentState has produced an order dated 5.5.2022, passed by the Circle Officer, Patna Sadar, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No. 58 of 2021-22.

3.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the same, by filing appropriate appeal, under Section 11 of the Bihar Public Land Encroachment Act, 1956. Liberty, so sought, is granted.

4.

The present writ petition stands disposed off as not pressed.

(Mohit Kumar Shah, J) Ajay/- U