Patna High CourtCWJC/1507/2014disposed

Anil Kumar Singh v. The State Of Bihar And ORS

2015-03-12Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1507 of 2014 ====================================================== Anil Kumar Singh, aged above 57 years, son of late Uday Narayan Singh, permanent resident of Uday bhawan, 15, Justice Mandal Path, Rajvanshinagar, P.S. Shashtrinagar, District-Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue, Bihar, Patna

2. The Collector, Patna

3. The Additional Collector, Patna

4. The Circle Officer, Sadar, Patna

5. Mr. Mahendra Prasad Gupta, Circle Officer, Sadar, Patna .......respondent 1st set

6. Mr. Ranjan Kumar, son of late Shiv Shankar Prasad permanent resident of Shiv Shankar Bhawan, Opp House No. 18, Justice Mandal Path, Rajvanshinagar, P.S. Shashtrinagar, District- Patna. .... .... Respondent 2nd set ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Kumar, Adv. For the Respondent/s : Mr. Madhuresh Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 12-03-2015 Heard Mr. Suresh Kumar learned counsel for the petitioner. None appears for the State.

The petitioner seeks a direction to the respondent authorities to initiate proceedings under the provisions of the Bihar Land Encroachment Act for removal of the encroachment on a Gairmajarua Aam land even while making such submission the details of the land as well as the extent of encroachment are missing in the petition so filed by the petitioner before the Circle Officer, Sadar Patna, a copy of which is present at Annexure-2. In the circumstances, no direction can be issued and the

Patna High Court CWJC No.1507 of 2014 (2) dt.12-03-2015 2 / 2 writ petition is disposed of with the liberty to the petitioner to file an appropriate and duly constituted application before the statutory authorities under the Act by impleading the alleged encroachers as well as by giving the details of the encroachment made by them and any such application filed shall be considered by the statutory authority and disposed of in accordance with law after giving an opportunity of hearing to the alleged encroachers and the petitioner.

(Jyoti Saran, J) Bibhash/- U