Dev Saran Paswan @ Deo Sharan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10671 of 2019 ====================================================== Dev Saran Paswan @ Deo Sharan Paswan Son of Late Phoujdar Paswan @ Phodar Paswan R/o Village-Kansi, P.S.-Simri, District-Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Darbhanga 2.

The Sub Divisional Officer Sadar, Darbhanga 3.

The Circle Officer Sadar, Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Bihari Singh, Adv.

For the Respondent/s :

Mr. S.D. Sanjay, Addl. S.G.

Mr. Mohit Agrawal, Adv.

Mrs. Priya Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel for the petitioner submits with reference to counter affidavit that the encroachment over the public land is admitted but no action was taken by the respondents for removal of encroachment over the public land. Learned counsel for the petitioner admits that no regular case for removal of encroachment under the Bihar Public Land Encroachment Act have been registered. Considering the aforesaid, the writ application is disposed of with liberty to the petitioner to approach the Circle Officer Sadar, Darbhanga for registration of regular case under

Patna High Court CWJC No.10671 of 2019(2) dt.10-05-2019 2/2 the Bihar Public Land Encroachment Act.

In the event petitioner files application before the Circle Officer Sadar, Darbhanga, the Circle Officer, Sadar, Darbhanga is required to register regular case for removal of encroachment and after hearing the parties, necessary decision with regard to removal of encroachment may be passed after deciding whether the land in question is private land or public land? the Circle Officer Sadar, Darbhanga shall finally decide the entire issue within a maximum period of four months from the date of receipt/production of a copy of this order. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U