Patna High CourtCWJC/8585/2017disposed

Ramesh Rai v. The State Of Bihar And ORS

2017-07-28The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8585 of 2017 =========================================================== Ramesh Rai Son of Late Ram Swarup Rai Resident of Village-Baburbani (Badurahi). P.S.-Sonepur, District-Saran.

.... .... Petitioner/s

Versus

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

2. The Principal Secretary, Rural Development Society, Rural Development Department, Govt. of Bihar, Patna

3. Commissioner, Saran at Chapra.

4. District Magistrate Saran.

5. Superintendent of Police, Saran.

6. District Programme Officer, Saran.

7. S.D.O. Sonepur, Saran.

8. B.D.O. Sonepur, Saran

9. Circle Officer, Sonepur, Saran .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra For the Respondent/s : Mr. VINAY KIRTI SINGH-GA2 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 28-07-2017 Inter alia contending that there is encroachment over the land in the District in question and seeking removal of the encroachment, this petition has been filed in public interest under Article 226 of the Constitution of India.

Considering the fact that for removal of the encroachment in a public land statutory remedy is available to the petitioner under the Bihar Public Land Encroachment Act, we are not

Patna High Court CWJC No.8585 of 2017 dt.28-07-2017 2/2 inclined to interfere into the matter in public interest litigation. The petitioner may file certified copy of the order along with appropriate application before respondent No. 8, the statutory authority empowered to remove the encroachment from the government land. On the same being done, respondent No. 8 shall proceed to decide the issue, in accordance with law after hearing all concerned, within a period of six months.

With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01/08/2017 Transmission Date NA