Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9985 of 2022 ====================================================== Bhola Singh Son of Late Jang Bahadur Singh, Resident of Village - Gavandri, Police Station - Keshariya, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The District Magistrate, East Champaran, Motihari. 3.

The Sub Divisional Officer, Chakiya, East Champaran. 4.

The Circle Officer, Kalyanpur, East Champaran. 5.

The Officer - In - Charge, Keshariya Police Station, East Champaran. 6.

Tuntun Paswan Son of Prasad Paswan Resident of Village - Gavandri, Police Station - Keshariya, District - East Champaran. 7.

Manoj Paswan Son of Swarup Paswan Resident of Village - Gavandri, Police Station - Keshariya, District - East Champaran. 8.

Swarup Paswan Son of Late Sakal Paswan Resident of Village - Gavandri, Police Station - Keshariya, District - East Champaran. 9.

Nageshwar Singh Son of Late Kamal Singh Resident of Village - Gavandri, Police Station - Keshariya, District - East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh,Advocate For the Respondent/s :

Mr.Sajid Salim Khan,SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2022 The present writ petition has been filed seeking the following reliefs:- "1. That this writ application is being filed for issuance of writ in the nature of writ of Mandamus directing and commanding the Respondent authorities to protect the public land vide Khata No. 123, Khesra-957, Area 0.7.1 decimal and Khata No. 160, Khesra-987, Area 09.90 decimal situated in village-Gavandri, Police Station-Keshariya, AnchalKalyanpur, District-East Champaran, which is being encroached by the private Respondents Nos. 06 to

Patna High Court CWJC No.9985 of 2022(2) dt.07-11-2022 2/2 09, as a result of which, the path to the residential plot of the petitioner is being completely obstructed, while the public use of that land is also being deprived. And further directing the concerned authorities to remove the encroached part from land so that other people including the petitioner can easily exercise their right."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Kalyanpur, District-East Champaran, 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, Kalyanpur, District-East Champaran, 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