Suresh Kumar @ Suresh Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13137 of 2019 ====================================================== Suresh Kumar @ Suresh Kashyap Son of Late Dwarika Saw Resident of Near Sahid Ashram, At and P.O. and P.S.- Paliganj, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Old Secretariat, Patna- 800015.

2.

The Principal Secretary, Revenue and Reforms Department, Govt. of Bihar, New Secretariat, Baily Road, Patna- 800015.

3.

The District Magistrate, District Collector at Office, District- Patna- 800003. 4.

The Sub-Divisional Officer, Sub-Division Paliganj, District- Patna. 5.

The Deputy Collector of Land Reforms (D.C.L.R.), Sub-Division- Paliganj, District- Patna.

6.

The Block Development Officer, Block- Paliganj, District- Patna. 7.

The Circle Officer, Circle- Paliganj, District- Patna. 8.

Ajay Sharma Son of Late Shyam Sundar Sharma Resident of VillageMankurha, P.S.- Khirmor Paliganj, District- Patna. 9.

Manoranjan Kumar Son of Sri Ajay Sharma Resident of Village- Mankurha, P.S.- Khirmor Paliganj, District- Patna.

10.

Harshbardhan Sharma Son of Arjun Sharma Resident of Village- Kauri, P.S.- Paliganj, District- Patna.

11.

Smt Muni Devi Wife of Ramanuj Sharma Resident of Village- Kauri, P.S.- Paliganj, District- Patna.

12.

Narendar Sharma Son of Upendar Sharma Resident of Village- Kauri, At present Mohalla- Indra Nagar, P.S.- Paliganj, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayram Sharma For the Respondent/s :

Mr.Ajay ( Ga5 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 13-08-2019 Learned counsel for the parties are present.

Although complaint is made as regarding alleged encroachment over public land bearing Khata No. 356, Plot No. 910 having an area of 37 decimals situated at Sakin Paliganj in

Patna High Court CWJC No.13137 of 2019(2) dt.13-08-2019 2/2 Mauza- Dharahra in the district of Patna.

Learned counsel for the petitioner fairly admits that he is yet to move before the concerned authorities under the Bihar Public Land Encroachment Act, 1956 i.e respondent No.7, Circle Officer, Circle-Paliganj, District- Patna for making such complaint, although some kind of representation is made at Annexure-2 series which is addressed to the Circle Officer, Paliganj.

In such view of the matter we dispose of this writ petition with direction to the respondent No.7, Circle Officer, Paliganj to consider and dispose of the complaint filed by the petitioner under the provisions of the Bihar Public Land Encroachment Act, 1956, a copy of which is enclosed at Annexure-2 series to the writ petition, by affording opportunity of hearing to the complainant as well as the alleged encroachers which disposal be done within 6 months from the date of receipt/ production of a copy of this order.

(Jyoti Saran, J) ( Partha Sarthy, J) Bibhash/- U