Triveni Prasad Chourasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11777 of 2024 ====================================================== Triveni Prasad Chourasiya Son of Late Ram Prasad Chourasiya Resident of Village-Kon, Ward No. 15, P.S. Nokha, Dist. Rohtas. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Cum-Collector, Rohtas at Sasaram. 3.

The Additional Collector, Rohtas at Sasaram.

4.

The Sub-Divisional Officer, Sasaram, Dist.-Rohtas. 5.

The Deputy Collector, Land Reforms, Sasaram, Dist.-Rohtas. 6.

The Circle Officer, Nokha, Dist.-Rohtas.

7.

Kesho Singh Son of Late Ram Nath Singh Resident of Village-Kon, Ward No.15, P.S. Nokha, Dist.-Rohtas.

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari, Adv.

For the Respondent/s :

Mr.S.D. Yadav, AAG-9 Mr.Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-08-2024

1. At the outset, the learned counsel for the petitioner seeks permission to make correction in paragraph no.1 of the present writ petition. Permission so sought is granted. Needful be done during the course of the day.

2. The present writ petition has been filed seeking the following relief(s):- "1.(i) To issue an appropriate order/orders, direction/directions including a writ in the nature of mandamus directing and commanding upon the Circle Officer, Nokha (hereinafter referred to as

Patna High Court CWJC No.11777 of 2024(2) dt.14-08-2024 2/3 Respondent No.6), designated as Collector under the Bihar Public Land Encroachment Act, 1956, to remove the encroachment from the land measuring an area of 2 decimal, appertaining to Thana No. 433, Khata No.98/119, Chak Khata No. 262, Chak Khesra No. 334, situated at Mauza Kon, P.S. Nokha, District Rohtas, which is recorded as Anawad Serv Sadharan Land and has been encroached by the Private Respondent illegally, with the help of antisocial elements. (ii) To direct the Respondent No.6 to initiate a proceeding under section 3(i) of Bihar Public Land Encroachment Act, 1956 and conclude the same by taking it to a logical end and remove the encroachment from the land mentioned above, in which house has been constructed by the private respondent.

(iii) To direct Respondent No.6 to take appropriate legal action in accordance with the provision contained in Bihar Public Land Encroachment Act against the private respondent who has encroached the land in question."

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

4. Accordingly, the present writ petition stands

Patna High Court CWJC No.11777 of 2024(2) dt.14-08-2024 3/3 disposed off.

(Mohit Kumar Shah, J) sonal/- U