Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1755 of 2021 ====================================================== Subhash Kumar Son of Sri Birendra Kumar, resident of Main Road, Simri Bakhtiyarpur, Ward No. 12, P.S. Bakhtiyarpur, District - Saharsa. ... ... Petitioner/s

Versus

1.

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

The Superintendent of Police, Saharsa.

3.

The Deputy Collector, Land Reforms, Simri Bakhtiyarpur, District - Saharsa. 4.

The Circle Officer, Simri Bakhtiyarpur, District Saharsa. 5.

The Officer-in-Charge, Simri Bakhtiyarpur Police Station, Simri Bakhtiyarpur, District - Saharsa.

6.

Sanjay Yadav, Son of Late Nago Yadav, resident of Village - Shaini Tola, P.S. Simri Bakhtiyarpur, District Saharsa.

7.

Arvind Yadav, Son of Late Nago Yadav, Resident of Village Shaini Tola, P.S. Simri Bakhtiyarpur, District Saharsa.

8.

Vinit Yadav, Son of Late Nago Yadav, resident of Village Shaini Tola, P.S. Simri Bakhtiyarpur, District Saharsa.

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

For the Petitioner/s :

Mr.Pankaj Maijorwar, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha, Standing Counsel-19 Mr. Atul Shankar, AC to Standing Counsel-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-08-2022 Though the present writ petition has been filed seeking a direction upon the respondent authorities to restrain the private respondents from encroaching the public road situated in between the land of the petitioner and that of the private respondents, however, the learned counsel for the petitioner has limited the relief sought for by the petitioner to grant of liberty to approach the Circle Officer, Simri Bakhtiyarpur, District-Saharsa i.e. respondent no. 4 for redressal

Patna High Court CWJC No.1755 of 2021(2) dt.10-08-2022 2/2 of his aforesaid grievance.

Liberty so sought is granted.

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

The writ petition stands disposed off on the aforesaid terms.

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