Chandra Shekhar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 2004 of 2016 =================================================== Chandra Shekhar Sah, Son of late Chathu Sah, Resident of Village - Mohiuddin Nagar (Tedhi Bazar) P.S. - Mohiuddin Nagar, Dist - Samastipur.

.... .... Petitioner.

Versus

1. The State of Bihar through District Magistrate, Samastipur.

2. The District Magistrate, Samastipur.

3. Deputy Development Commissioner, Samastipur.

4. Sub Registrar, Dalsing Sarai, Samastipur.

5. Sub-Divisional Officer, Patori, Samastipur.

6. Deputy Collector, Land Reforms, Patori.

7. Circle Officer, Mohiuddin Nagar, Samastipur.

8. Officer-In-Charge, Mohiuddin Nagar.

9. Smt. Parvati Rai wife of Nirmal Kumar Rai Resident of Village and Post - Kursaha, P.S. - Mohiuddin Nagar, Dist - Samastipur.

10. Shri Ram Nandan Rai son of Shri Daroga Rai

11. Shri Uday Kumar Rai Son of late Shyam Nandan Rai both resident of village + Post + P.S. - Mohiuddin Nagar, Dist - Samastipur. .... .... Respondents.

=================================================== Appearance :

For the Petitioner : Mr. Dhananjai Kumar Singh, Adv. For the Respondents: Mr. V.K. Singh- GA3.

=================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 07-12-2016 Heard parties.

The petitioner's grievance is that the private respondents have encroached upon the Governmpent land bearing Khata No. 646(Old) 1605(New), Khesra No. 391 (Old) 941(New) (Zila Parishad Samastipur) and Khata No. 646 (Old) 1607(New), Khesra No. 391 (Old) 942 (New) (Public Works Department).

Patna High Court CWJC No.2004 of 2016 dt.07-12-2016 It is contended that private respondents have inter se executed some sale deeds regarding the Government land and at the strength of that they have encroached the same which has obstructed the egress and ingress of the petitioner causing much inconvenience. Petitioner further claims that he has approached the authority including the District Magistrate, Samastipur for the said purpose but no hit has been paid till date. In the background of aforesaid claim of the petitioner, this writ petition is being disposed of granting him liberty to file another representation before the District Magistrate, Samastipur making out his grievance along with a copy of this order.

Let the District Magistrate, Samastipur either examine it himself or relegate it to any other competent authority to ascertain as to whether there is encroachment over public land or not. If any encroachment on public land is found then proper proceeding should be initiated for its removal in accordance with law. This court expects that the entire exercise would be completed within a period of four months from the date of filing of such representation.

However, it is made clear that this Court has not formed or expressed any opinion with respect to the merit of the case, therefore, all the concerned parties including the private

Patna High Court CWJC No.2004 of 2016 dt.07-12-2016 respondent should be granted reasonable and adequate opportunity in accordance with law before taking a final decision in the matter. (Dr. Ravi Ranjan, J.) Vikash/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.03.2017 Transmission Date NA