Vakilan Khatoon, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3128 of 2021 ====================================================== Vakilan Khatoon, wife of Mobarak Mian resident of Village- Laxmi Pur P.SMotihari Muffasil,District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Collector, East Champaran, Motihari. 3.

The in charge District public complain cell, East Champaran 4.

The Sub-Divisional Officer, Motihari East Champaran. 5.

The Circle Officer, Motihari East Champaran 6.

Islam Ansari son of Late Idrish Ansari resident of Village- Laxmi Pur P.SMotihari Muffasil, District-East Champaran 7.

Sainul Ansari @ Samtaula Ansari sons of Late Idrish Ansari resident of Village- Laxmi pur P.S-Motihari Muffasil, District-East Champaran 8.

Gatoor Ansari son of Late Chilori Ansari resident of Village- Laxmi Pur P.SMotihari Muffasil, District-East Champaran 9.

Tasrit Ansari son of Late Chilori Ansari resident of Village- Laxmi Pur P.SMotihari Muffasil, District-East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-08-2022 Though the present writ petition has been filed for initiation of encroachment proceedings for removal of encroachment made over the public road situated at Mauza Bharauliya Laxmi Pur, Thana No. 153, Khata No. 16, which was removed earlier in pursuance to a judgment dated 27.01.2017, passed by a coordinate Bench of this Court in CWJC No. 20879 of 2014, but the learned counsel for the petitioner has confined his relief to grant of liberty to the

Patna High Court CWJC No.3128 of 2021(2) dt.26-08-2022 2/2 petitioner to approach the Circle Officer, Motihari, East Champaran i.e. the respondent no. 5 by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956. Liberty so sought is granted. It is needless to state that in case appropriate petition is filed within a period of four weeks from today, the respondent no. 5 shall consider the same and pass appropriate orders thereon in accordance with law and after hearing the affected parties within period of 12 weeks, thereafter. The writ petition stands disposed off on the aforesaid terms.

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