Patna High CourtCWJC/39/2015disposed

Nawal Kishore Lal Das v. The State Of Bihar And ORS

2015-02-05Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.39 of 2015 ======================================================

1. Nawal Kishore Lal Das Son of Late Sri Badri Narayan Lal Das R/o Village - Sundarpur Maharani Pokhar, Mauza-Basudeopur, P.S - Darbhanga Sadar, Thana No-449, District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Darbhanga.

2. The Sub-Divisional Officer, Darbhanga.

3. The Circle Officer, Sadar, Darbhanga.

4. The Block Development Officer, Sadar, Darbhanga.

5. The Officer Incharge, Sadar Police Station, Darbhanga.

6. Rajiv Kumar Jha Son of Late Gangadhar Jha Resident of Sundarpur Ward No-2, P.S - LNMU Campus, District - Darbhanga. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Adv. For the Respondent/s : Mr. Mithilesh Kumar Pathak, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 05-02-2015 Learned counsel for the parties are present.

The petitioner prays for a direction to the official respondents to take appropriate steps for removal of unauthorized structure alleged to have been constructed by the respondent No.6 over Plot No. 135 in Mauza- Basudevpur (Sunderpur Maharani Pokhar) near Triangular crossing commonly known as Delhi in the District Darbhanga.

Mr. Krishna Kant Singh learned counsel for the petitioner even while supporting the prayer of the petitioner has fairly admitted that no formal application as required under the provisions of the Bihar Public Land Encroachment Act, 1956

Patna High Court CWJC No.39 of 2015 (2) dt.05-02-2015 2 / 2 (hereinafter referred to as 'the Act') has been filed by the petitioner for the purpose.

In the circumstances discussed, the writ petition is disposed of affording liberty to the petitioner to take recourse to the remedy as is available to him under the provision of the Act. (Jyoti Saran, J) Bibhash/- U