Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2360 of 2023 In Civil Writ Jurisdiction Case No.14340 of 2017 ====================================================== Manish Kumar Son of Shri Rajnandan Singh, resident of Village- Dariyapur, P.O.- Mittanchak, P.S.- Parsa Bazar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sri Aratya Amrit son of not known, Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 3.

Dr. N. Saravana Kumar, son of not known, Principal Secretary, Rural Development Department, Government of Bihar, Patna. 4.

Sri Chandrashekhar Singh, son of not known, District Magistrate, Patna, District- Patna.

5.

Sri Sudhanshu Kumar Chaubey son of not known, Deputy Collector, Land Reforms, Sadar Patna.

6.

Sri Mahendra Prasad, son of not known, Land Acquisition Officer, Patna, District- Patna.

7.

Sri Nitin Kumar Jha, son of not known, Sub- Divisional Officer, Patna Sadar, District- Patna.

8.

Sri Mukul Kumar Jha, son of not known, Circle Officer, Sampatchak, District- Patna.

9.

Sri Manavjit Singh Dillon, son of not known, The Superintendent of Police, District- Patna.

10.

Sri Sanjeev Mahuwar, son of not known, Thana Adhyaksh, Parsa Bazar Police Station, District- Patna.

11.

Vineshar Ram, Son of Late Pachu Ram Permanent address is not known, At Present residing at Dariyapur Nahar Par, P.O.- Mittan Chak, P.S.- Parsa Bazar, District- Patna.

12.

Lallu Ram, Son of Sri Vineshar Ram Permanent address is not known, At Present residing at Dariyapur Nahar Par, P.O.- Mittan Chak, P.S.- Parsa Bazar, District- Patna.

13.

Sundar Ram, Son of Sri Vineshar Ram Permanent address is not known, At Present residing at Dariyapur Nahar Par, P.O.- Mittan Chak, P.S.- Parsa Bazar, District- Patna.

14.

Bitu Kumar, Son of Late Raju Ram Permanent address is not known, At Present residing at Dariyapur Nahar Par, P.O.- Mittan Chak, P.S.- Parsa Bazar, District- Patna.

15.

Rajesh Ram, Son of Jatan Ram Permanent address is not known, At Present residing at Dariyapur Nahar Par, P.O.- Mittan Chak, P.S.- Parsa Bazar, District- Patna.

Patna High Court MJC No.2360 of 2023(4) dt.20-09-2024 2/3 16.

Bhola Kumar, Son of Sri Vineshar Ram Permanent address is not known, At Present residing at Dariyapur Nahar Par, P.O.- Mittan Chak, P.S.- Parsa Bazar, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar, Advocate For the Opposite Party/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2024 It is submitted by the learned counsel for the opposite parties that in compliance of the order of this Court dated 12.04.2023, passed in CWJC No.14340 of 2017, the Circle Officer, Sampatchak has already passed the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.02 of 2023-24 and the persons occupying public land/road have been declared to be encroachers, however, most of them are landless people, falling under the category of scheduled caste, hence the matter has been forwarded to the Deputy Collector Land Reforms, Patna Sadar, for taking needful action for settlement of alternative pieces of land in their favour, in light of the policy of the State Government, thus some time would be taken to remove the encroachment in question.

2. In view of the aforesaid, the learned counsel for the petitioner seeks a direction upon the District Magistrate, Patna to ensure compliance of the aforesaid order passed by the

Patna High Court MJC No.2360 of 2023(4) dt.20-09-2024 3/3 Circle Officer, Sampatchak, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.02 of 2023-24, by removing encroachment in question, may be after making settlement of alternative pieces of land in favour of the landless encroachers, belonging to the scheduled caste category, preferably, within a period of eight weeks from today. It is directed, accordingly.

3. The contempt petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U