Nand Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3332 of 2021 ====================================================== Nand Lal Sah Son of Sri Mahendra Sah Resident of Village- Dubwalia, P.O. Bhagwat Parsa, P.S. Phulwaria, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar through The District Magistrate, Gopalganj. 2.

The Divisional Commissioner, Saran Division, Saran (Chapra). 3.

The District Magistrate, Gopalganj.

4.

Addl. Collector-Cum- First Appellate Authority, Gopalganj. 5.

The Sub Divisional Officer-Cum- Sub- Divisional Public Grievance Readdressal Officer, Hathua, Dist- Gopalganj. 6.

The Circle Officer, Phulwaria, District- Gopalganj. 7.

Lal bachan Ram (Sarpanch) Son of Late Singasan Ram Resident of VillageDubualia, P.S. Phulwaria, Dist- Gopalganj. 8.

Chandrama Ram Son of Late Shiv Mangal Ram Resident of VillageDubualia, P.S. Phulwaria, Dist- Gopalganj. 9.

Balistar Ram Son of Late Babheli Ram Resident of Village- Dubualia, P.S. Phulwaria, Dist- Gopalganj.

10.

Ganesh Ram Son of Late Basuli Ram Resident of Village- Dubualia, P.S. Phulwaria, Dist- Gopalganj.

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

For the Petitioner/s :

Mr.Dhramveer, Advocate For the Respondent/s :

Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-08-2022 The present writ petition has been filed for removal of encroachment made over Gair Mazarua Aam Rasta situated at Mouza-Dubwalia, Thana No. 898, Khata No. 68, Khesra No. 164, which is alleged to have been encroached by the respondents no. 7 to 10, who have kept Bakhar Khunta and other articles on the road and blocked the road as also a pucca

Patna High Court CWJC No.3332 of 2021(2) dt.26-08-2022 2/2 house is being constructed by the respondent no. 8 on a part of the road, due to which the villagers including the petitioner are facing acute hardship in moving on the road.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Phulwaria, District-Gopalganj i.e. the respondent no. 6 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 the petitioner files appropriate petition before the respondent no. 6 within a period of four weeks from today, the respondent no. 6 shall take appropriate steps, in accordance with law and after hearing the affected parties, shall pass appropriate orders thereon within a period of 12 weeks, thereafter.

The writ petition stands disposed off on the aforesaid terms.

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