Dipak Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11582 of 2023 ====================================================== Dipak Kumar Jha Son of Bhushan Jha, Resident of Village- Nandenagar Bandhar Ward No.-13, P.S.- Rosera, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue Department Patna, Bihar.

2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Samastipur.

4.

The Circle Officer, Rosera, Samastipur.

5.

Manoj Sharma Son of Vasho Sharma, Resident of Mohlla- Durgasthan Mahadev Math, P.S.- Rosera, District - Samastipur. 6.

Garib Paswan Son of late Thaguni Paswan, Village- Devdha Phulwar, P.S.- Hasanpur, District- Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Choudhary For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2023 The present writ petition has been filed seeking the following reliefs:- "1.(I) That the Respondent no. 2, 3, 4 and private respondents 5 & 6 may be directed to remove the encroachment from the public land/road as well as in-front of Kheshra no. 2608, 2610, 2611 and 2612 under ward no. 03, Thana no. 69, Mauza- Rosera town Thana-Rosera, under Rosera Block, Samastipur, Bihar, aforesaid encroachment made private respondent no. 5 and 6.

(II) That the respondent no. 5 and 6 by constructed the shed like shop or Residential house and other

Patna High Court CWJC No.11582 of 2023(2) dt.29-08-2023 2/2 ways of encroach public road/land."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Rosera, Samastipur, 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, Rosera, Samastipur, 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) Saurav/- U