Vijay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18164 of 2021 ====================================================== Vijay Kumar Singh Son of Raghaw Singh, resident of Village - Lahezi, P.S. and Block - Basantpur, District - Siwan.
... ... Petitioner/s
Versus
1.
The State of Bihar through the District Magistrate-cum-Collector, Siwan. 2.
The Superintendent of Police, Siwan.
3.
The Sub-Divisional Officer, Maharajganj, Siwan. 4.
The Sub-Divisional Public Grievance Redressal Officer, Maharajganj, Siwan.
5.
The Additional Collector-cum-First Appellate Authority under the Public Grievance Redressal Act, Siwan.
6.
The Circle Officer, Basantpur, Siwan.
7.
Braj Kishore Thakur, Son of Ram Prit Thakur, Resident of Village - Lahezi, P.S. Basantpur, District - Siwan.
8.
Ram Prit Thakur, Son of Shankar Thakur, Resident of Village - Lahezi, P.S. Basantpur, District - Siwan.
9.
Birendra Thakur, Son of Bhuvneshwar Thakur, Resident of Village - Lahezi, P.S. Basantpur, District - Siwan.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh, Adv For the Respondent/s :
Mr.Sajid Salim Khan, SC-25 :
Mr.Arif Daula Siddiqui, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-11-2022 The present writ petition has been filed seeking the following relief:- "1) That the instant writ application is being filed on behalf of the petitioner for directing the concerned respondent authorities to remove the encroachment over the public road connecting village- Laheji to village- Malahi Tola, Agaya on which the private respondents have encroached
Patna High Court CWJC No.18164 of 2021(2) dt.03-11-2022 2/3 and in spite of the undertaking given by the Circle Officer, Basantpur before the Sub-Divisional Public Grievance Redressal Officer to initiate encroachment proceeding and to remove the encroachment the Circle Officer, Basantpur on one pretext or the other has not even bothered to institute encroachment case although the encroachment is also admitted which smacks foul play by the Circle, Basantpur and gives an impression that he is helping the private respondents although the said encroachment is causing great inconvenience to the general public and for any other relief/reliefs to which the petitioner may be founded entitled in the facts and circumstances of this case."
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Basantpur, Siwan for redressal of his aforesaid grievances. Liberty so sought is granted.
It is needless to state that in case the petitioner approaches the Circle Officer, Basantpur, Siwan by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of 4 weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be
Patna High Court CWJC No.18164 of 2021(2) dt.03-11-2022 3/3 passed thereon, forthwith.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Tiwary/Saurav U