Ram Pravesh Dubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1159 of 2014 ====================================================== Ram Pravesh Dubey, son of Late Sheo Prasad Dubey, resident of VillageShivpur, P.O. And P.S. Karagahar District- Rohtas. .... .... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Rohtas, Sasaram.

3.

The Circle Officer, Karagahar, Distt.- Rohtas. 4.

Ramjan Mian, son of Late Morbi Mian.

5.

Jokhu Ram, son of Late Bhagwat Ram.

6.

Gorakh Ram, son of Late Bhagwat Ram.

7.

Ishar Ram, son of Late Bhagwat Ram.

8.

Vinod Ram, son of Late Bhagwat Ram.

9.

Sudarshan Ram, son of Late Vivagahan Ram.

10. Sri Bhagwan Ram, son of Late Vivagahan Ram.

11. Mohan Ram, son of Late Vivagahan Ram.

12. Dadan Ram, son of Khiri Ram.

13. Murakut Ram, son of Shiv Gaban Ram.

14. Suresh Ram, son of Parshuram Ram.

All are residents of Village- Shivpur, P.O. and P.S. Karagahar, District- Rohtas.

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

For the Petitioner/s : Mr. Surendra Kumar Choubey For the Respondent/s : Mr. Raj Kumar Singh, AC to SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 12-03-2015 Heard the parties.

Although the petitioner complains of encroachment by the private respondent nos.4 to 14 but it is admitted that no formal application under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') has been filed before the statutory authority. In the circumstances, the writ petition is disposed of with a liberty to the petitioner to file a properly constituted

Patna High Court CWJC No.1159 of 2014 (2) dt.12-03-2015 application in terms of 'the Act' before the statutory authority by impleading the alleged encroachers and demonstrating the extent of encroachment made by each of them and any application being filed would be considered and disposed of by the statutory authority in accordance with law and after giving an opportunity of hearing to the parties including the encroachers. (Jyoti Saran, J) SKPathak/- U