Kishori Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13175 of 2023 ====================================================== Kishori Mahto Son of Ramekbal Mahto R/o Mohalla- Hulastola, P.O. Kanariyaon, P.S.- Bihiya, District- Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue, Bihar, Patna. 2.

The Collector, Bhojpur, Ara.

3.

The Block Development Officer, Bihiya, Bhojpur, Ara. 4.

The Circle Officer, Bihiya, Bhojpur, Ara.

5.

The Anchal Amin, Bihiya, Bhojpur, Ara.

6.

Chandan Kumar, Anchal Amin Bihia, Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of an appropriate writ(s), Order(S), Direction(s) against the action of the respondents by which the house of the petitioner constructed under Pradhan Mantri Awas Yojna over the land appertaining to Khata no.195, bearing Plot No.550 measuring area one decimal situated at Mauza-Kamariyaon in Bhojpur District has been demolished on the basis of wrong measurement report which is quite illegal, arbitrary and malafide."

Patna High Court CWJC No.13175 of 2023(4) dt.16-07-2024 2/2 2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 02.05.2023, passed by the Circle Officer, Bihiya, District-Bhojpur, in connection with Encroachment Case No.01 of 2023-24, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, by filing appropriate appeal, if not already filed, under Section 11 of the Bihar Public Land Encroachment Act, 1956. Liberty, so sought, is granted.

3.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) kanchan/- U