Ramesh Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18662 of 2018 ====================================================== Ramesh Sah Son of Late Harishankar Sah, Resident of Village Paru Babu Tola, P.S.- Paru, District- Muzaffarpur.

... ... Petitioner/s

Versus

1. The State Of Bihar through Chief Secretary, Government of Bihar, Patna

2. The Home Secretary, Department of Home, Patna.

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

4. The Director General of Police, Government Bihar, Patna.

5. The District Magistrate, Muzaffarpur.

6. The Senior Superintendent of Police, Muzaffarpur.

7. The Sub-Divisional Officer, West Muzaffarpur.

8. The Circle Officer, Paru, District- Muzaffarpur.

9. Md. Muslim Mian, Son of Md. Ali Mian.

10. Md. Rajjak Mian, Son of Md. Ali Mian.

11. Md. Navi Hassan, Son of Hakim Mian.

12. Hari Das, Son of Rupa Das.

13. Jalandhar Ram, Son of Faguni Ram.

14. Harihar Ram, Son of Mahangu Ram,

15. Virendra Ram, Son of Harichandra Ram.

16. Ranglal Das, Son of Hari Das. nul

17. Sanglal Das Son of Hari Das,

18. Hari Mangal Ram, Son of Faguni Ram, Respondent No. 9 to 18 are the residents of Village- Paru Chhapra Aash, P.S.- Paru, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Rajpati For the Respondent/s :

Mr.Prabhat Kumar Verma -AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2019 Heard the parties.

In the present writ application, the following relief has been sought for on behalf of the petitioner :

1. This application is being filed for

Patna High Court CWJC No.18662 of 2018(2) dt.01-02-2019 2/3 issuance of writ in the nature of Mandamus direction to Respondent authority concerned to remove encroachment from the public road as well as Flank of both side of the road situated in Mauza Paru, P.S. Paru, District Muzaffarpur by way of encroachment proceeding from the hands of Respondent No.9 to 18 who have illegally encroached the public road as well as the Flank of both side of the road.

It has been contended on behalf of the petitioner that the land in question is a public road, which has been encroached upon by the Respondent Nos.9 to 18. A complaint was also filed before the Respondent No.8 i.e. the Circle Officer, Paru, District Muzaffarpur. Notices were issued by the Respondent No.8 upon the persons, who had encroached the land in question. After that no step has been taken by the Respondent No.8 under the Bihar Public Land Encroachment Act. Annexure 4 series at page 29 is the complaint dated 11.06.2018 made before Respondent No.8. The Respondent No.8 i.e. the Circle Officer, Paru, District Muzaffarpur is directed to consider the complaint and pass an appropriate order in accordance with law, after complying the provisions as laid down under the Bihar Public Land Encroachment Act, within a period of three months from the date of receipt/production of a copy of this order.

Patna High Court CWJC No.18662 of 2018(2) dt.01-02-2019 3/3 With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U