Sanjay v. The Stae Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20107 of 2021 ====================================================== Sanjay, Son of Late Harivansh Narayan Singh Tarun, Resident of Mohalla - Bahadurpur, Ward No. 26, P.O. and P.S. - Samastipur Town, DistrictSamastipur, Pin - 848101. Mob - 9431898238. ... ... Petitioner/s

Versus

1.

The Stae of Bihar (through the Chief Secretary, Govt. of Bihar, Patna). 2.

The Commissioner Darbhanga Division.

3.

The Collector, Samastipur.

4.

Zila Parishad, Samastipur (through its Executive Officer cum Deputy Development Commissioner, Samastipur.

5.

The Circle Officer, The Circle Officer, Jitwarpur, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar Singh, Advocate Mr. Sanjay Kumar Singh For the State :

Mr. Yogendra Pd. Sinha, AAG7 For the Zila Parishad :

Mr. Sanjeev Kumar Singh, Advocate Mr. Pramod Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 02-03-2023 The petitioner has filed the present writ application in the nature of Public Interest Litigation, commanding the respondents to remove the encroachment caused on Gairmajarua Aam Land in the nature of Nala/Public Road.

It is the petitioner's case that the encroachment has been caused by Zila Parishad, Samastipur.

Learned counsel representing the Zila Parishad, Samastipur, has submitted that in fact the land in question

Patna High Court CWJC No.20107 of 2021(12) dt.02-03-2023 2/2 belongs to Zila Parishad, Samastipur.

Be that as it may, it has been submitted at the bar that a proceeding has been initiated for removal of the encroachment under Public Land Encroachment Act, which is pending. In the said proceeding Zila Parishad, Samastipur, is also a party. In such view of the matter, this application is disposed of with an observation that the said encroachment proceeding be concluded within a period of three months, if it has not already been concluded.

(Chakradhari Sharan Singh, ACJ) ( Madhuresh Prasad, J) Sumit/ShashankU