Asraf Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15094 of 2019 ====================================================== Asraf Ali Son of Okil Miya Resident of Village-Tilsandi 512, P.S. Barharia, District-Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna 2.

The Commissioner Saran Commissionary, Saran at Chapra 3.

The District Magistrate District-Siwan 4.

The Sub-Divisional Officer District-Siwan 5.

The Circle Officer Barharia, District-Siwan 6.

The Officer-in-charge Barharia Police Station, District-Siwan 7.

Hariharnath Manjhi Son of Jatu Manjhi Resident of Village-Tilsandi 512, P.S.-Barharia, District-Siwan 8.

Pramod Manjhi Son of Harihar Manjhi Resident of Village-Tilsandi 512, P.S.-Barharia, District-Siwan ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Respondent/s :

Mr.Prabhat Kumar Verma (Aag3) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 22-08-2019 This application has been filed by the petitioner complaining that two private respondents illegally encroached upon Plot No. 814 in village Tilsandi 512 which is a public land. The petitioner has alleged that he has filed an application complaining about the encroachment made by private respondent before different authorities including the Circle Officer but no action taken.

Patna High Court CWJC No.15094 of 2019(2) dt.22-08-2019 2/2 In such view of the matter we dispose of this writ petition with direction to the respondent No.5, Circle Officer, Barharia to consider and dispose of the complaint filed by the petitioner under the provisions of the Bihar Public Land Encroachment Act, 1956, by affording opportunity of hearing to the complainant as well as the alleged encroachers. If it is found that private respondents have encroached upon the public land, necessary action for removal of encroachment would be taken and action report should be submitted before this Court. All actions should be completed by the Circle Officer within six months.

(Shivaji Pandey, J) ( Partha Sarthy, J) Bibhash/- U