Anant Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1816 of 2017 ====================================================== Anant Ram Son of Late Sidhnath Ram, Resident of village - Nathpur, P.S. and Anchal - Itarhi, District - Buxar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector of Buxar 3.

The Sub Divisional officer Buxar 4.

The Deputy Collector, Land Reforms at Buxar 5.

The Circle officer/Anchal Adhikari, Itadhi, District - Buxar 6.

The Zila Parishad, Buxar, through its Chief Executive Officer at Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Yadav For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the private respondents. The grievance of the petitioner in the present application is that respondents are sitting tight over the matter despite knowledge as to the encroachment over the public land they have not taken any steps for removal of encroachment. Learned counsel appearing on behalf of the petitioner admits that neither regular proceeding under Cr.P.C. nor under Bihar Public Land Encroachment Act has been registered for removal of encroachment over the public land/public road. Considering the aforesaid, the writ petition is disposed

Patna High Court CWJC No.1816 of 2017(3) dt.13-05-2019 2/2 of with liberty to the petitioner to file appropriate application either under Cr.P.C. or under Bihiar Public land Encroachment Act to the concerned authority namely, Sub-divisional Magistrate under the Cr.P.C. or the Circle Officer under the scheme of Bihar Public Land Encroachment Act and on filing of such application, the concerned authority shall register a regular case for removal of encroachment over the public land/public road and pass appropriate order for removal of encroachment after hearing all the stake holders including the alleged encroacher.

The entire exercise in the matter of removal of encroachment over the public land/private road shall be taken by the concerned authority within a maximum period of six months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U