Raj Kishore Prasad v. The State Of Bihar Through The Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18745 of 2021 ====================================================== Raj Kishore Prasad S/o - Late Devaki Ray R/o Vill - Sirpatpur, P.S. - Gopalpur, Dis- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar.

2.

The Principal Secretary Revenue and Land Reforms, Department, Govt. of Bihar.

3.

The District Collector, Patna Dist- Patna.

4.

The Deputy Collector, Land Reforms, Patna, Dist- Patna. 5.

The Circle Officer, Sampat Chak, Dist- Patna. 6.

Ram Dahin Rai Son of Late Raghunandan Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

7.

Lalu Rai Son of Late Jatayi Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

8.

Rajeshwar Prasad Son of Late Jatayi Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

9.

Nandkeshwar Ray Son of Late Tulsi Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

10.

Sanjay Rai Son of Late Tulsi Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

11.

Chandshi Rai Son of Late Tulsi Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

12.

Shishupal Rai Son of Late Siyasaran Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

13.

Uday Rai Son of Late Siyasaran Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

14.

Birju Rai Son of Harisharan Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

15.

Shyam Babu Rai Son of Late Yugal Rai Residence of Vill - Sirpatpur, P.S. - Gopalpur, Dist- Patna.

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

For the Petitioner/s :

Mr.Brij Bihari Tiwary For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2022 Though, the present writ petition has been filed for

Patna High Court CWJC No.18745 of 2021(2) dt.28-07-2022 2/2 directing the respondent authorities to remove the illegal encroachment made over the Government land situated at Mauja Bairiya, Village Sirpatpur, P.S. Gopalpur bearing Khata No. 815, Plot No. 1385 area 87 decimal, but the learned counsel for the petitioner has limited his prayer to grant of liberty to the petitioner to approach the Circle Officer Sampat Chak, Patna i.e. the Respondent no. 5.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to approach the Respondent No.5 by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956 and in case such a petition is filed within a period of four weeks from today, the respondent No. 5 shall consider the same and take appropriate action, in accordance with law, after hearing the affected parties, within a period of twelve weeks, thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U