Kameshwar Singh @ Lal Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10770 of 2022 ====================================================== Kameshwar Singh @ Lal Baba Son of Late Sirdhar Singh, Resident of Village- Jinpura, P.O.- Dhobiya Kalapur, Police Station- Bihta, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Dept., Govt. of Bihar, New Secretariat, Patna.

2.

The District Magistrate, Patna, Hindi Bhawan Chhaju Bag, Patna- 800001. 3.

The Sub Divisional Officer, Danapur.

4.

The Circle Officer, Bihta- 801103.

5.

The Senior Superintendent of Police, Patna.

6.

The Inspector, Bihta Police Station.

7.

Suryapani Devi, Wife of Late Ganga Singh, Resident of Village- Jinpura, P.O.- Dhobiya Kalapur, Police Station- Bihta, District- Patna. 8.

Harendra Kumar, Son of Late Ganga Singh, Resident of Village- Jinpura, P.O.- Dhobiya Kalapur, Police Station- Bihta, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Singh, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-05-2023 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of an appropriate writ/order or direction to the respondents for immediately remove of the encroachment under section 3, 4 and 7 (recovery) of "Bihar Public Land Encroachment Act, 1956" from the Gair Mazarua, Parti Kadim land in Mauza-Banwaripur, Thana No. 126, Khata No. 281, Khesra No. 2091 and area of 0.46 decimal which has been illegally occupied by the

Patna High Court CWJC No.10770 of 2022(2) dt.01-05-2023 2/3 respondent no. 07 and 08 with convenience of Respondent No. 04 (Circle Officer, Bihta).

ii) For issuance of an appropriate writ/order or direction to specifically respondents and Respondent No. 02 for construction of wall surrounding the "Surya Temple" in Khata No. 680, Kheshra No. 2167 and 2162 an area of 5-5 decimal in which Gosala also situated and it is registered by Bihar Hindu Religious Trust Act, 1950, Under Section 34 which registration no. is 3950.

(iii) For issuance of an appropriate writ/order or direction to protect the life of this petitioner who is in threat of respondent no. 07 and 08 and their muscleman and quashing of annexure6 and 6(a) also."

At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bihta, District- Patna for redressal of his aforesaid grievances. Liberty so sought is granted.

It is needless to state that in case, the petitioner approaches the Circle Officer, Bihta, District-Patna 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.

Patna High Court CWJC No.10770 of 2022(2) dt.01-05-2023 3/3 The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/Saurav U