Rajendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4859 of 2015 =========================================================== Rajendra Prasad Singh, son of Late Ram Rekha Singh, Resident of Village - Karath , P.O.- Karath, P.S. - Tarari, District - Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, State of Bihar, Patna.

2. The District Magistrate , Bhojpur.

3. The Senior Deputy Collector in Charge, Public Inquiry Cell, Bhojpur (Ara).

4. The Sub-Divisional Officer, Piro, Bhojpur.

5. The Circle Officer, Block - Tarari, District- Bhojpur.

6. The Circle Inspector - Tarari , District- Bhojpur.

7. The Halka Karmachari , Village - Karat , Block - Tarari, District- Bhojpur.

8. The Govt. Amin , Block - Tarari.

9. Mithleshwar Singh, son of Late Mundrika Singh

10. Ram Bhadur Singh Son of Late Mundrika Singh

11. Pistol Singh son of Rambhadur Singh Residents nos. 9 to 11 are resident of village Karath, P.O. - karath, P.S.- Tarari, District - Bhojpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Respondent/s : Mr. PARTHA SARTHI- GA11 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 06-01-2016 Petitioner is aggrieved by the encroachment of Government land/public lane which has allegedly forcibly been encroached by the private respondents no.9 to 11. It is submitted that he has already approached the authorities including the District Magistrate and the Circle Officer upon which a report was sought from the Anchal Amin who has also reported regarding encroachment.

Having regard to the facts and circumstances of the case,

Patna High Court CWJC No.4859 of 2015 dt.06-01-2016 2/2 this writ application is being disposed of with a liberty to the petitioner to approach the Circle Officer once again who after examining all the materials on record if he is satisfied that there is encroachment upon public lane or Government land then he will be required to take steps for removal of encroachment under the Public Land Encroachment Act by issuance of notice against the encroachers and bring the proceeding to logical conclusion within a period of four months from the date of receipt/production of a copy of this order after granting reasonable opportunity to all the concerned persons. However, if he is satisfied that there is no encroachment of public lane or Government land then he will pass a reasoned order which should be communicated to the petitioner immediately. Petitioner would also be required to participate in the proceeding. (Dr. Ravi Ranjan, J) N.H./- U