Satyadev Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1286 of 2021 ====================================================== Satyadev Bhagat son of Late Banka Bhagat Resident of Village and PostSonbarsa, P.S.- Barauli, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, District- Gopalganj. 3.

The Sub- Divisional Officer, Gopalganj.

4.

The Circle Officer, Barauli, Gopalganj.

5.

Baijnath Pandit son of Late Dwarka Pandit Resident of Village and PostSonbarsa, P.S.- Barauli, District- Gopalganj. 6.

Lal Bahadoor Pandit son of Late Dwarka Pandit Resident of Village and Post- Sonbarsa, P.S.- Barauli, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Respondent/s :

Mr. Abhoy Kumar Kashyap, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-07-2022 The present writ petition has been filed seeking the following reliefs:- "a) For a direction to the official respondent authorities to take appropriate measures to get the encroachment removed made upon the land of Khata No. 49, Survey No. 190, area 0-12-02 Dhur, Khata No. 49, Survey No. 277, area 0.10 Dismal of (Gair Majarua Aam land) public Road and public mortuary situated in Thana No. 426, MauzaSonbarsa, Circle Barauli in the district of Gopalganj by the private respondent no. 5, 6 and some other persons whereby the inn and exit path of the petitioner's land has been struck, by initiating a proceeding under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as

Patna High Court CWJC No.1286 of 2021(2) dt.27-07-2022 2/2 'the Act').

b) For a direction to the Respondent No. 4 to get the land measured and initiate Encroachment Proceeding and to get remove the encroachment made by the private respondent and others.

c) For a direction to the Respondent no. 4 to produce measurement report of the land in question along with encouragement proceedings initiated if any for removal of the said encroachment."

At the outset the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no. 4 i.e the Circle Officer, Barauli, DistrictGopalganj for redressal of his aforesaid grievances. Liberty so sought is granted.

It is needless to sate that in case the petitioner files appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the respondent no. 4 shall consider the same and pass appropriate orders thereon, in accordance with law, after hearing the affected parties, within a period of 12 weeks, thereafter.

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