Chandra Chur Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10797 of 2020 ====================================================== Chandra Chur Prasad Singh Son of Late Chhotelal Singh Resident of Karya Nand Nagar, Purani Bazar, Back of Block Quarter, Ward No. 05, Police Station- Lakhisarai, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Lakhisarai.

3.

The Executive Officer, Nagar Parishad, Lakhisarai. 4.

The Sub Divisional Officer, Lakhisarai.

5.

The Circle Officer, Lakhisarai.

6.

S.H.O., Lakhisarai.

7.

Babloo Yadav Son of Late Gorelal Yadav Resident of Karya Nand Nagar, Lakhisarai, Ward No. 05, Police Station Lakhisarai, District- Lakhisarai. 8.

Tantan Yadav Son of Late Gorelal Yadav Resident of Karya Nand Nagar, Lakhisarai, Ward No. 05, Police Station Lakhisarai, District- Lakhisarai. 9.

Chintu Yadav Son of Late Gorelal Yadav Resident of Karya Nand Nagar, Lakhisarai, Ward No. 05, Police Station Lakhisarai, District- Lakhisarai. 10.

Bimla Devi Wife of Late Gore Lal Yadav Resident of Karya Nand Nagar, Lakhisarai, Ward No. 05, Police Station Lakhisarai, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Vinay Pd. Singh, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2022 The present writ petition has been filed seeking the following reliefs:- "1. That the present writ application has been filed by the petitioner for a direction upon the Respondents concerned specially Respondent Circle Officer, Lakhisarai (Respondent No. 5) to initiate a proceeding under Bihar Public Land Encroachment Act against the encroachers who are private Respondents over the land bearing part of Khata No. 10 standing under Mohalla-Karya Nand Nagar, Ward No. 05 which is 20 feet wide Road from East to West and North to the house of the present petitioner which is being used as common Road for entire

Patna High Court CWJC No.10797 of 2020(2) dt.01-11-2022 2/2 locality which has intentionally been usurped by way of erecting cattle shed causing much inconvenience to the petitioner as well as other nearby people but despite having apprised about the same to the all concerned Respondent including Respondent Circle Officer, Lakhisarai but till date neither encroachment proceeding has been initiated nor steps have been taken to remove the encroachment." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Lakhisarai, 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, Lakhisarai, 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