Ramanand Sah v. The State Of Bihar Through Its Principal Secretary Revenue And Land Reforms Dept.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13725 of 2021 ====================================================== 1.

Ramanand Sah Son of late Baldeo Sah Resident of Village - Mustafaganj, P.O. - Mustafaganj, Block and Circle - Minapur, P.S. - Minapur, DistrictMuzaffarpur. 2.

Md. Kalam Son of Late Md. Rahaman Resident of Village - Mustafaganj, P.O. - Mustafaganj, Block and Circle - Minapur, P.S. - Minapur, DistrictMuzaffarpur. 3.

Pankaj Kumar son of Ram Ganesh Resident of Village - Mustafaganj, P.O. - Mustafaganj, Block and Circle - Minapur, P.S. - Minapur, DistrictMuzaffarpur. 4.

Ramesh Kumar Gupta son of Megnath Sah Resident of Village - Mustafaganj, P.O. - Mustafaganj, Block and Circle - Minapur, P.S. - Minapur, District- Muzaffarpur.

5.

Jay Chandra Paswan son of Late Parikshan Paswan Resident of Village - Mustafaganj, P.O. - Mustafaganj, Block and Circle - Minapur, P.S. - Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary Revenue and Land Reforms Dept. Govt. of Bihar, Patna.

2.

The District Magistrate, District - Muzaffarpur. 3.

The S.D.O., Muzaffarpur East, District- Muzaffarpur. 4.

The Deputy Collector Land Reforms, Muzaffarpur East, DistrictMuzaffarpur. 5.

The Block Development Officer, Block Minapur, District- Muzaffarpur. 6.

The Circle Officer, Circle - Minapur, District- Muzaffarpur. 7.

Gopal Sah son of Mahendra Sah resident at Village Mustafaganj, Circle - Minapur, P.S. - Minapur, District- Muzaffarpur. 8.

Sita Ram Sah Son of Late Domi Sah resident at Village Mustafaganj, Circle - Minapur, P.S. - Minapur, District- Muzaffarpur. 9.

Dinesh Sah Son of Late Brinda Sah resident at Village Mustafaganj, Circle - Minapur, P.S. - Minapur, District- Muzaffarpur. 10.

Lalbabu Sah Son of Chaitilala Sah resident at Village Mustafaganj, Circle - Minapur, P.S. - Minapur, District- Muzaffarpur. 11.

Musmat Shanti Devi wife of Late Amirlalal Sah resident at Village Mustafaganj, Circle - Minapur, P.S. - Minapur, District- Muzaffarpur. 12.

Jai Narayan Sah Son of Kali Sah resident at Village Mustafaganj, Circle - Minapur, P.S. - Minapur, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

Patna High Court CWJC No.13725 of 2021(2) dt.01-11-2022 2/3 For the Petitioner/s :

Mr.Upendra Kumar Chaubey,Advocate For the Respondent/s :

Mr.Md. Khurshid Alam,AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2022 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of a writ in the nature of Mandamus and/or any other appropriate writ, order direction commanding upon the respondents to remove the encroachment over village Road being C.S. Plot No. 643 recorded as Rasta in C.S.

Khatiyan situated in Village Mustafaganj, P.S. Minapur, District-Muzaffarpur and complete the road which is being obstructed by the respondent no.7 to 12 at different points and also at both the ends in North and South of the road."

At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Circle Officer, Minapur, District-Muzaffarpur, for redressal of their aforesaid grievance.

Liberty so sought is granted.

It is needless to state that in case the petitioners approaches the Circle Officer, Minapur, District-Muzaffarpur, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four

Patna High Court CWJC No.13725 of 2021(2) dt.01-11-2022 3/3 weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU