Sunil Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16798 of 2017 ====================================================== Sunil Rai S/o Lal Mohan Rai, R/o Village- Kuchila, P.S.- Kuchila, DistrictRohtas. ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Land and Revenue Department Government of Bihar, Patna.

3. The District Magistrate, Rohtas.

4. The Sub Divisional Officer, Rohtas.

5. The Circle Officer, Bhabhua, Rohtas.

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

For the Petitioner/s :

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

Mr. Vinay Kriti Singh - GA-2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-07-2018 Inter alia contending that in a property belonging to a religious trust, there is encroachment and the encroachments are not being removed, petitioner has filed the writ petition by pointing out that even though the trust has written to the competent authority, no action has been taken. If that be so, as the property belongs to the trust, it is the trust to take action for removal of the encroachment. At the instance of the petitioner, a third person, we are not inclined to interfere in a public interest litigation. If the trust feels that the property has been encroached illegally, they are

Patna High Court CWJC No.16798 of 2017(2) dt.20-07-2018 2/2 granted liberty to move the competent authority under the statutory provision and take steps for removal of the encroachment.

With the aforesaid liberty granted to the aggrieved trust, we dispose of the matter.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/Uma/- U