Shailendra Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17133 of 2014 ====================================================== Shailendra Mahto son of Late Rupa Mahto Resident of Village - Nanaura, P.O. Nanaura, P.S. Ghora Sahan District - East Champaran at present Up - Sarpanch Gram Katchari Gurmia Panchayat, Gurmia Block, P.S. Ghora Sahan, District - East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner Tirhut Division, Muzaffapur. 2.

The District Magistrate, Motihari, East Champaran 3.

Land Reforms Deputy Collector, Sikrahana at Motihari, East Champaran 4.

The Circle Officer, Ghora Sahan Block, East Champaran 5.

The Officer -In - Charge Ghora Sahan Police Station 6.

Daroga Ram son of Late Ram Chandra Ram 7.

Gauri Paswan son of Ram Swaroop Hazra 8.

Ajay Kumar son of Late Kapildeo Mahto 9.

Ram Prasad Sah son of Nathuni Sah 10.

Gauri Sah son of Late Nathuni Sah All respondents No. 6,7,8,9,10 are residents of village - Nanaura, P.O. Nanaura, P.S. Ghora Sahan, District - East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.Iii, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha, GA 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2024 The present writ petition has been filed seeking the following reliefs:- "1. That this in an application for issuance of writ in the nature of mandamus, order or orders direction or directions commanding the respondents no. 1 to 5 to remove encroachment from Gairmajarua Malik land situated in Nanaura village vide Khata No. 5, Khesra No. 265, 266 and 267 which has been illegally encroached by

Patna High Court CWJC No.17133 of 2014(3) dt.19-06-2024 2/2 respondent no. 6, 7, 8, 9 and 10 and further direction may be given to comply with the order for removal of encroachment passed by respondent no.3 on 05.09.2013 in case no. 47 of 2012 as was filed by Manju Devi Sarpanch Gram Katchahri Gurmiya against respondent no. 6, 7, 8, 9 and 10."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Ghorasahan, District-East Champaran for redressal of his aforesaid grievances.

3.

Liberty so sought is granted.

4.

It is needless to state that in case the petitioner approaches the Circle Officer, Ghorasahan, District-East Champaran by filing appropriate petition, under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of six weeks from today, the Circle Officer, Ghorasahan, District-East Champaran shall examine the same and take appropriate action, in accordance with law, forthwith. 5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U