Bipin Kumar Agarwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10760 of 2019 ====================================================== Bipin Kumar Agarwal Son of Sri Vijay Kumar Agarwal R/o Village and P.O.- Harsidhi, P.S.-Harsidhi, District-East Champaran, Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 2.

The Principal Secretary Revenue and Land Reforms Department, Govt. of Bihar, Patna 3.

The District Magistrate-cum-Second Appellate Authority of Public Complain Redressal Officer District-East Champaran, Motihari 4.

The District Magistrate East Champaran, Motihari 5.

The Sub Divisional Officer Areraj, District-Motihari 6.

The Circle Officer Harsidhi, District-East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Subhash Chandra Yadav (Gp15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2019 The grievance of the petitioner in the instant writ petition is for a direction to the respondents to take action for removal of encroachment over the public land. Learned counsel for the petitioner submits that the petitioner has raised grievance as to encroachment over public land which has not been removed as yet.

Considering the nature of relief prayed for in the present writ petition, the writ petition is disposed of with liberty to the petitioner to file an application in the prescribed format for registering a case under the Public Land Encroachment Act,

Patna High Court CWJC No.10760 of 2019(2) dt.13-05-2019 2/2 before the Circle Officer, Harsidhi, District-East Champaran, Motihari for registering a case. In the event such application is filed along with a copy of this order, the Circle Officer shall register a case and issue notice to all stakeholders including the encroachers and after hearing the parties, if it is found that encroachment exists on public land, he shall pass necessary order and take step for removal of encroachment within a maximum period of six months from the date of filing such application along with a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U