Vijay Singh @ Vijay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10904 of 2023 ====================================================== Vijay Singh @ Vijay Sharma Son of Late Ramvilash Singh, Resident of Village- Charkawan, Haji Upperdih, P.O. and P.S.- Rafiganj, DistrictAurangabad (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Collector, Aurangabad.

3.

The Sub-Divisional Officer, Aurangabad.

4.

The Circle Officer, Rafiganj, Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 09-08-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate in the nature of mandamus commanding the respondents particularly respondent no. 4 to remove the encroachment from the gair majarua aam land bearing Khata No. 168, Plot No. 1455, which is a pond and only source of irrigation of about 300 acre of land, from the hands of encroacher.

(ii). For issuance of an appropriate writ, in the nature of mandamus commanding the respondent no. 4 to initiate an encroachment proceeding against the encroacher and remove the encroachment from the gair majarua aam land

Patna High Court CWJC No.10904 of 2023 dt.09-08-2023 2/2 bearing Khata No. 168, Plot No. 1455 in accordance with law within a time frame."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Rafiganj, Aurangabad, for redressal of his aforesaid grievance. Liberty so sought, is granted.

3.

It is needless to state that in case, the petitioner approaches the Circle Officer, Rafiganj, Aurangabad, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.08.2023 Transmission Date NA