Ajay Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19583 of 2016 ====================================================== Ajay Mishra S/o Suresh Mishra, Resident of Village-Chatiya, P.S.-Malahi, Dist.-East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate-cum-Collector, East Champaran 3.

The SDM, Areraj, East Champaran 4.

The Circle Officer, Areraj, East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Respondent/s :

Mr.Subhash Chandra Yadav- Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2019 The short prayer made in the present writ petition is to direct the respondent authorities to remove the encroachment made over the public road situated at Mauza- Chatiya, P.S. Malahi, District East Champaran appertaining to Khata No. 952, Khesra No.4173.

This Court is of the view that the remedy of the petitioner lies before the Circle Officer concerned under the provisions of the Bihar Public Land Encroachment Act, 1956. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to approach the Circle Officer, Areraj, East Champaran for redressal of his grievances and in case a

Patna High Court CWJC No.19583 of 2016(2) dt.29-08-2019 2/2 complaint is made under the provisions of the Bihar Public Land Encroachment Act, 1956, the respondent no.4 shall take cognizance thereof, if found maintainable, under the provisions of the said Act and take appropriate action.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U