Raju Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19776 of 2016 ====================================================== Raju Kumar Son of late Harishankar, resident of Mohalla-Dubey Tola, Shiv Mandir Road Ward no. 26, P.S.Bagaha, District West Champaran ... ... Petitioner.

Versus

1. The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2. The District Magistrate, West Champaran, Bettiah.

3. The Sub Divisional Officer, Bagaha, West Champaran.

4. The Circle Officer, Bagaha, West Champaran.

5. The Halka Karmchari, Bagaha, Anchal, West Champaran. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Respondent/s :

Mr.Vikash Kumar-SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and the State. In the present writ application, the petitioner has prayed for issuance of an appropriate writ, order or direction to the respondents for removal of encroachment from Thana No. 248, Khata No. 347, Khesera No. 823 having an area 22 decimals and Khesera No. 837 having an area of 24 decimals situated at Mauja Bagaha, which is public road and have been encroached by the villagers by putting building materials etc. due to which, the public egress and outgress has been disturbed and the local public are using Khatiyani land of this petitioner as sub-way for which this petitioner is suffering with irreparable loss due to encroachment of public road.

Patna High Court CWJC No.19776 of 2016(3) dt.11-03-2019 2/2 An encroachment case was initiated as Encroachment Case No. 01 of 2017-18. The said proceeding is still pending before the Circle Officer, Bagaha, West Champaran (respondent No, 4).

The Circle Officer, Bagaha, West Champaran (respondent No, 4) is directed to conclude the proceeding of Encroachment Case No. 01 of 2017-18 and pass an appropriate order in accordance with law after giving opportunity of hearing to all the concerned parties and complying the provisions as laid down under the Bihar Public Land Encroachment Act, 1956 within a period of four months from the date of receipt/production of copy of this order.

With the aforesaid observation/direction, this writ application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U