Dileep Manjhi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2379 of 2018 ====================================================== Dileep Manjhi, Son of Jhingur Manjhi, Resident of Village-Ameya Purv, POMahuavawan, P.S.-Kateya, District-Gopalganj. ... ... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Chief Secretary, Govt of Bihar, Patna.

3. The Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

4. The Joint Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

5. The Collector-Cum-District Magistrate, Gopalganj.

6. The Sub Divisional Officer, Hathua, District-Gopalganj.

7. The Deputy Collector, Land reforms, Hathua, District-Gopalganj.

8. The Circle Officer, Kateya, District-Gopalganj.

9. The Superintendent of Police, Gopalganj

10. The Sub Divisional Police Officer, Hathua, District-Gopalganj

11. The Officer-in-Charge, Kateya P.S., District- Gopalganj.

12. Pramod Baitha Son of Dina Baitha

13. Bolar Pal Son of Mahangu Pal

14. Pahwari Baitha Son of Jibhal Baitha

15. Algu Baitha Son of Jibhal Baitha

16. Virendra Baitha Son of Rikhai Baitha

17. Shivjee Baitha Son of Bitandi Baitha

18. Sanjay Patel Son of Ramashankar Patel

19. Kewal Manjhi Son of Bansraj Manjhi All (8 to 15) Resident of VillageAmeya Purv, PO-Mahuavawan, P.S.-Kateya, District-Gopalganj. ... ... Respondent/s

Patna High Court CWJC No.2379 of 2018 dt.21-02-2018 2/3 Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey No-5, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam -AAG12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-02-2018 Inter alia contending that in Plot No. 1285, 1286 and 1710, as described in the body of the writ petition, Respondent No. 12 and the other private respondents, who are related to Mukhiya of the Village, have made illegal construction inspite of policy of the State Government prohibiting construction in water bodies, this petition has been filed for removal of the encroachment.

It is stated that repeated representations to the Circle Officer and the District Magistrate have not yielded any result.

Keeping in view the aforesaid grievance of the petitioner, for the present, without entering into the controversy on merit, it is directed that on the petitioner filing a certified copy of this order Respondent No. 8, the Circle Officer shall register the representation of the petitioner as an Encroachment

Patna High Court CWJC No.2379 of 2018 dt.21-02-2018 3/3 Case under the Bihar Land (Removal of Encroachment) Act, issue notice to all concerned, hear them and after following the due process of law shall remove the encroachment from the area in question preferably within a period of six months. With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) P.K.P./- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 22.02.2018 Transmission Date