Sachchida Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10724 of 2020 ====================================================== Sachchida Nand Singh Son of Late Satya Vrat Narayan Singh Resident of Vilalge-Tehwara, P.O.-Tehwara, Police Station-Katra, Anchal-Katra DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Chief Secretary, Govt. of Bihar, Patna.

3.

The Principal Secretary, Gram Panchayat Raj Department Government of Bihar, Patna.

4.

The Commisioner, Tirhut Division, Muzaffarpur. 5.

The Collector, Muzaffarpur.

6.

The Sub Divisional Oficer, Muzaffarpur (East). 7.

The Block Development Officer Katra, Muzaffarpur, 8.

The Circle Officer. Anchal Katra, Muzaffarpur. 9.

The Officer-in-Charge, Katra Police Station, Muzaffarpur. 10.

Rajendra Sahni Son of Late bansi sahni, Resident of Tehwara, Police Station-Katra Police Station, Muzaffarpur.

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

For the Petitioner/s :

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

Mr.Rakesh Kumar Ranjan,AC to GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2022 The present writ petition has been filed seeking the following reliefs:- "a) That this is an application for issuance of a writ/ rule/ direction in the nature of mandamus commanding the respondents authorities to remove the encroachment over public land/ road and pond situated at Gram Panchayat Tehwara running the road in Villlage-Tehwara East to North (Darbhanga to Pahsaul road) recorded in the name of Anabad

Patna High Court CWJC No.10724 of 2020(2) dt.01-11-2022 2/3 Bihar Sarkar, which was being used by the villagers linking road to the main village road Darbhanga to Pahsaul and used the Pond for many religious work for many long years ago besides Temple to cremation place that path encroached by the Respondents No. 10 and block the road from bamboo barricading and making upon their pucca house where none can pass, move through the road even, Kankrit road already built up by the respondents for long years ago taking it as Anabad Bihar Sarkar and also direct to free the same disturbance in the mass interest of the local people, who are facing much difficulties in performing their religious duties and daily routine work due to illegal encroachment by the respondent no. 10 and any other reliefs for which the petitioner is found to be entitle in the eye of law considering the facts and circumstances of this case."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Anchal Katra, District-Muzaffarpur, 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, Anchal Katra, DistrictMuzaffarpur, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a

Patna High Court CWJC No.10724 of 2020(2) dt.01-11-2022 3/3 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