← Library
Patna High CourtCWJC/13554/2021disposed

Kameshwar Singh v. The State Of Bihar,

2022-10-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13554 of 2021 ====================================================== Kameshwar Singh Son of Bhagwan Singh, Resident of Village - Shahpur, Police Station - Maharajganj, District - Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Land Revenue, Govt. of Bihar, Patna.

2.

The District Magistrate, Siwan.

3.

The Sub Divisional Officer, Maharajganj, Siwan. 4.

The Circle Officer, Maharajganj, District - Siwan. 5.

Ram Bichar Singh, Son of Late Ishwari Singh, R/o Village - Shahpur, P.S. - Maharajganj, District - Siwan.

6.

Rajendra Singh, Son of Late Ishwari Singh, R/o Village - Shahpur, P.S. - Maharajganj, District - Siwan.

7.

Gyanendra Singh, Son of Late Ishwari Singh, R/o Village - Shahpur, P.S. - Maharajganj, District - Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh,Advocate For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-10-2022 The present writ petition has been filed seeking the following reliefs:- "I. To issue a writ in the nature of Mandamus to direct the Respondent No.4 (C.O., Maharajganj) to remove the encroachment made by the Private Respondents from the land bearing reference Khata No.31, Survey Plot No. 1797, Area 7 Katha 11 Dhurs, situated at Circle and Sub Division- Maharajganj, District- Siwan in terms of the order of the Sub Divisional Officer, Maharajganj and order of Additional Collector, Siwan in connection with Encroachment

Patna High Court CWJC No.13554 of 2021(2) dt.14-10-2022 2/2 Case No. 06 of 2018-19 of the Circle Office, Maharajganj, Siwan.

II. To hold and declare that encroachment made over the said Aam Rasta (Road) is bad in law in terms of Article 21 of Constitution of India and Bihar Land Encroachment Act and the same be removed forthwith."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Maharajganj, District-Siwan, for redressal of his aforesaid grievance.

Liberty so sought is granted.

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