Arvind Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16447 of 2019 ====================================================== Arvind Kumar Mishra son of Late Panchanan Mishra resident of Village Block Colony South of Primary School, Aurangabad, P.O. and P.S. DistrictAurangabad at present resident of Village- Pipra, P.O. Bijouli, District Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, New Secretariat, Patna. 2.

The District Magistrate, Aurangabad.

3.

The District Complain Officer cum Additional Collector, Aurangabad. 4.

The Sub Divisional Officer, Aurangabad.

5.

The Circle Officer Deo District Aurangabad.

6.

The Officer-in- Charge Deo Police Station District Aurangabad. 7.

Kali Ram son of Lohari Ram resident of Village Pipra P.O. Bijouli, District Aurangabad.

8.

Basudeo Ram son of Babu Ram resident of Village Pipra P.O. Bijouli, District Aurangabad.

9.

Dharakhsan Ram resident of Village Pipra P.O. Bijouli, District Aurangabad. 10.

Gayanchand Ram son of Late Sita Ram resident of Village Pipra P.O. Bijouli, District Aurangabad.

11.

Parikha Ram son of Ganesh Ram resident of Village Pipra P.O. Bijouli, District Aurangabad.

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Respondent/s :

Mr.Ajay (Ga5) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 23-08-2019 In the present case the petitioner's grievance is that the public road situated at Khata No. 170, Plot No. 468 village Pipra, P.S. Bijouli, Dist. Aurangabad has been encroached by the private respondents and earlier by order of the Circle Officer

Patna High Court CWJC No.16447 of 2019(2) dt.23-08-2019 2/2 the encroachment was removed but later on they again encroached upon the road.

The Circle Officer is an appropriate authority under the Bihar Public Land Encroachment Act to take action for removal of the encroachment. The petitioner is directed to file an application before the Circle Officer within three weeks from today then the Circle Officer after giving notice to the persons who have encroached the road, shall pass an order in accordance with law. In the event of finding of encroachment, the Circle Officer would take step for removal of encroachment and would submit action report to this Court. The entire exercise must be completed within the period of six months.

Writ petition is disposed off.

(Shivaji Pandey, J) ( Partha Sarthy, J) Prakash/- U