Horil Sah And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18471 of 2013 ======================================================

1. Horil Sah

2. Bipal Sah, Both sons of Ramudgar Sah, The present writ petition has been filed seeking the following reliefs/o vill-Punarwasit Gram Bel Horiyahi, PS-Bairgania, District-Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Revenue & Land Reforms Department, Bihar, Patna

3. The Commissioner, Tirhut Division, Muzaffarpur

4. The District Magistrate, Sitamarhi

5. The Deputy Collector Land Reforms, Sadar, Sitamarhi

6. The Rehabilitation Officer, Bagmati Pariyojna, Sitamarhi

7. The Circle Officer, Bairgania, Circle Bairgania, Sitamarhi

8. The Superintendent of Police, Sitamarhi

9. The Sub- Divisional Police Officer, Sadar, Sitamarhi

10. The Officer-in-charge, PS-Bairgania, Sitamarhi

11. Chalitar Sah, s/o Thaga Sah, R/o vill Punarwasit Gram Bel Horiyahi, PSBairgania, Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Respondent/s :

Ms. Abhanjali, AC to GA 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-02-2023 The present writ petition has been filed seeking the following reliefs :- " (i) For quashing of the Notice dated 20.08.2013 issued under the signature of Circle Officer, Bairgania under Sub-section 2 of Section 6 of Bihar Public Land Encroachment Act, 1956, whereby and whereunder a direction has been given to the Petitioners to remove the encroachment on or before 29.08,2013 from the plot No. 175.

Patna High Court CWJC No.18471 of 2013(3) dt.17-02-2023 2/3 area 0.3 dec of village Punarwasi village Bel. Thana No. 14, P.S. Bairgania, DistrictSitamarhi. (ii) For issuance of direction commanding the Respondents to conclude the encroachment proceedings bearing Encroachment Case No. 1/2012-13 and make available the order of the said proceeding so that the Petitioners may avail the opportunity of Appeal within stipulated period for meet of justice.

(iii) For issuance of direction commanding the Respondent to not demolish the pucca construction building of the petitioners situated at aforesaid plot as in question to which they have constructed after settlement of the punarwas land in 1979 after rehabilitation of the resident of village Joriyahi Kothia Tal and in which they are residing with their family and after such demolition the petitioners have no any other house to reside therein.

(iv) For issuance of direction commanding the Respondents to make correction in Chak No. 176 approving the plot number of the petitioners as 175 and Chak No. of plot of Chalitar Sah as plot No. 176 considering the pucca house constructed over the said land upon the allotment of the said land in 1979."

Patna High Court CWJC No.18471 of 2013(3) dt.17-02-2023 3/3 At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the District Magistrate, Sitamarhi for redressal of his subsisting grievances, if any. Liberty so sought, is granted.

The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) rinkee/- U