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Patna High CourtCWJC/630/2021disposed

Shankar Sah v. The State Of Bihar

2022-07-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.630 of 2021 ====================================================== Shankar Sah Son of Damri Sah Resident of Village and P.S.- Gidhour (Gidhuar), District- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Jamui. 2.

The District Magistrate, Jamui.

3.

The Superintendent of Police, Jamui.

4.

The Circle Officer, Guidhaur, District- Jamui. 5.

The Station Head Officer/Officer-in-Charge, Police Station- Gidhaur, District- Jamui.

6.

Boby Burnwal Son of Shiv Shankar Burnwal Resident of Village- Ban Jhuliya (Near Guidhaur Railway Station), P.S.- Guidhaur, District- Jamui. 7.

Shiv Shankar Burnwal Son of Late Ayodhya Modi Resident of Village- Ban Jhuliya (Near Guidhaur Railway Station), P.S.- Guidhaur, District- Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Mishra, Advocate For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-07-2022 The present writ petition has been filed to remove the encroachment made over the government/public land situated at Khata No. 45, Khesra No. 32/378 near Gidhaur Railway Station and in front of the house of the petitioner.

A counter affidavit has been filed on behalf of the respondent no. 5 i.e. Deputy Superintendent of Police, Jamui wherein it has been stated that the Circle Officer, Gidhaur, District-Jamui has submitted a report dated 18.02.2021 which discloses that temporary encroachment has been found over the

Patna High Court CWJC No.630 of 2021(2) dt.20-07-2022 2/2 land in question.

In such view of the matter, the present writ petition stands disposed off with a direction to the Circle Officer, Gidhaur, District-Jamui to take appropriate action under the provisions contained in the Bihar Public Land Encroachment Act, 1956 and after hearing the affected parties, remove the encroachment, if any, within a period of 12 weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) S.Sb/- U