Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17117 of 2019 ====================================================== Kanhaiya Kumar, aged about 38 years (M), Son of Mohan Lal Sharraf, Residing at Sugauli Bazar, Ward No. 07, P.S. Sugauli, District- East Champaran.

... ... Petitioner

Versus

1.

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

2.

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

3.

The District Magistrate, Motihari, District- East Champaran, Motihari. 4.

The Sub Divisional Officer, Motihari, District- East Champaran, Motihari. 5.

The Circle Officer, Sugauli, District- East Champaran, Motihari. 6.

Sri Braj Kishor Sah, aged about 22 years (M), Son of Bhikhari Sah, Resident at Sugauli Bazar, Ward No. 7, P.S. Sugauli, District- East Champaran, Motihari.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr. Akhilesh Kumar Sinha, A.C. to S.C.-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 26-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the people of the locality has made a complaint that respondent no.6, namely, Braj Kishor Sah, has encroached upon the public land, which is meant for the public road, thereby causing inconvenience to the people of the

Patna High Court CWJC No.17117 of 2019(2) dt.26-08-2019 2/2 locality. In this regard, the people in general has filed a complaint petition before the Circle Officer, Sugauli, East Champaran, Motihari, bringing all the facts to the notice of the Circle Officer, but till date no action has been taken against respondent no.6.

This Court directs the Circle Officer, Sugauli, East Champaran, Motihari, to take cognizance of the complaint made by the petitioner and others, initiate a proceeding under the Bihar Public Land Encroachment Act, after giving notice to the respondent no.6, if it is found that the respondent no.6, in reality, has encroached upon the land, that portion of the encroachment will be removed by the authority and the action report should be submitted before this Court. All the exercise should be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition is disposed of.

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