Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9792 of 2022 ====================================================== Ajay Prasad Son of Raghau Lal Prasad Resident of Village Hadiya, Ward No.13, P.S. Bettiah Muffasil District West Champaran, Bettiah. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms, Government of Bihar, Patna.

2.

The District Magistrate, Bettiah, West Champaran. 3.

The Land Reforms Officer, Bettiah, West Champaran. 4.

The Circle Officer, Bettiah, West Champaran.

5.

Ram Ratan Mahto Son of Dhanpat Mahto Resident of Village Hardiya, P.S. Bettiah, Muffasil, West Champaran.

6.

Ramayan Mahto Son of Mahagu Mahto Resident of Village Hardiya, P.S. Bettiah, Muffasil, West Champaran.

7.

Sandesh Prasad Son of Ramayan Mahto Resident of Village Hardiya, P.S. Bettiah, Muffasil, West Champaran.

8.

Om Prakash Prasad Son of Late Mohan Mahto. Resident of Village Hardiya, P.S. Bettiah, Muffasil, West Champaran.

9.

Pashpati Devi Wife of Late Udit Narayan Mahto Resident of Village Hardiya, P.S. Bettiah, Muffasil, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2023 The present petition has been filed seeking the following relief :- "(i) For issuance of writ/ writs, order/ orders, direction/ directions in the nature of writ of mandamus to the respondent No. 2 (District Magistrate, Bettiah, West Champaran) and respondent No. 4 (Circle Officer, Bettiah, West Champaran) to vacate

Patna High Court CWJC No.9792 of 2022(2) dt.27-04-2023 2/2 the Aam gairmajarua land of the road which was used by general people for the last several years, appertaining to Khata No. 158, Khesra No. 917, Thana No. 186 situated in village Hardiya and the said road mentioned in the map of Government of Bihar, is encroached by private respondents."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bettiah, West 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, Bettiah, West 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) rinkee/- U