Ugrasen Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13507 of 2022 ====================================================== Ugrasen Yadav Son of Late Bhumeshwar Yadav, resident of village - Yogdiha (Yadav Tola), P.S. - Dhoraiya, District - Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Banka.

3.

The S.D.O. Banka.

4.

The Anchal Adhikari- Dhoraiya, District - Banka. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh,Advocate For the Respondent/s :

Mr.Rishi Raj Sinha,SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-11-2022 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of writ in the nature of Mandamus commanding the respondent authority/authorities to remove the encroachment from the land of the road of Village-Yogdiha Yadav Tola (Revenue Mouza-Manikpur), Thana No.136, Anchal- Dhoraiya, District- Banka, bearing road Plot No.197 and 474 after ascertaining the encroaches after scientific measurement in accordance with law.

(ii) For issuance of writ of Mandamus commanding the respondent authority to initiate appropriate proceedings against all encroachers of the land of village road aforementioned and to take effective measure to remove the encroachment from the land

Patna High Court CWJC No.13507 of 2022(2) dt.30-11-2022 2/2 of the road to winding the road keeping in mind the running of the tractor and all types of vehicles for proper growth and development of the village and villagers of the locality."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Dhoraiya, District-Banka, for redressal of his aforesaid grievance. Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Dhoraiya, District-Banka, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Sonal/S.SbU