Mahendra Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13759 of 2022 ====================================================== Mahendra Roy son of Sri Ramashaay Roy, Resident of Village-Rampur Bhikhanpura, P.S. and Circle and Block-Sahebganj, District-Muzaffarpur presently working as Advocate Muzaffarpur Civil Court. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

2.

The District Magistrate cum Collector, Distirct-Muzaffarpur. 3.

The Sub Divisional Officer, Sub-division, Muzaffarpur West, DistirctMuzaffarpur. 4.

The Deputy Collector Land Reforms, Muzaffarpur West, DistirctMuzaffarpur. 5.

The Circle Officer, Circle-Sahebganj, Distirct-Muzaffarpur. 6.

Pappu Rai Son of Naulakh Rai, Resident of Village-Bhikhanpura, Circle and Block and P.S.-Sahebganj, Distirct-Muzaffarpur. 7.

Smt. Gulabi Wife of Narayan Rai, Resident of Village-Bhikhanpura, Circle and Block and P.S.-Sahebganj, Distirct-Muzaffarpur. 8.

Umesh Rai, Son of Narayan Rai, Resident of Village-Bhikhanpura, Circle and Block and P.S.-Sahebganj, Distirct-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Chaubey, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( Standing Counsel- 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-04-2023 The present writ petition has been filed seeking the following reliefs:- "1. That this is an application for issuance of writ/writs, order/orders, direction/directions in the nature of mandamus for commanding and directing the respondents to remove the encroachment over Khata No. 271, Plot

Patna High Court CWJC No.13759 of 2022(2) dt.19-04-2023 2/3 No. 1096, area 12 decimals registered as Public Land (Aam gairmajarua Sarvsadharan) in Survey Khatiyan situated at the side of road and adjacent to the house of petitioner and it is used for function of Dev Asthan where people of the village used the same for religious purpose."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer,Circle-Sahebganj, Distirct-Muzaffarpur, 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, CircleSahebganj, Distirct-Muzaffarpur, 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.

Patna High Court CWJC No.13759 of 2022(2) dt.19-04-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/SonalU