Nagina Rai @ Nagina Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.216 of 2021 ====================================================== Nagina Rai @ Nagina Yadav S/o Late Dev Narayan Rai @ Deva Narayan Yadav Resident of Village- Mahua, P.s.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna 2.

The Principal Secretary Department of Revenue and Land Reforms, Govt. of Bihar, Patna 3.

The Collector, Gopalganj 4.

The Sub Divisional Magistrate, Gopalganj, District- Gopalganj 5.

The Circle Officer Baikunthpur, Gopalganj 6.

Babu Nand Rai Son of Late Ramayan Rai R/o Village- Mahua Gola Par, P.o.- Mahua, P.s.- Baikunthpur, District- Gopalganj 7.

Janki Rai Son of Late Ramayan Rai R/o Village- Mahua Gola Par, P.o.- Mahua, P.s.- Baikunthpur, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Ranjan, Advocate For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-07-2022 The present writ petition has been filed for issuance of direction upon the respondent no. 5 to initiate appropriate proceeding under the provision of Bihar Public Land Encroachment Act, 1956 against the respondent no. 6 & 7, who have made encroachment over the Parti Kadim Gair Majarua Malik land bearing Khata no. 570, Khesra no. 994, area 10 decimal situated in village+PO-Mahua, PS Baikunthpur, District-Gopalganj, which is being used as a public road since the very beginning.

Patna High Court CWJC No.216 of 2021(2) dt.15-07-2022 2/2 At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Baikunthpur, Gopalganj for redressal of his aforesaid grievance.

Liberty so sought, is granted.

It is needless to state that in case, appropriate petition is filed before the concerned Circle Officer, within a period of four weeks from today, under the provisions of the Bihar Public Land Encroachment Act, 1956, appropriate decision shall be taken in accordance with law, after hearing the affected parties, within a period of twelve weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U