Ram Sakal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12835 of 2023 ====================================================== Ram Sakal Paswan Son of Late Narayan Paswan, Resident of VillageBankabahuara, P.S.- Kudhani, District- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Kaimur at Bhabua.

3.

The Sub-Divisional Officer, Mohania, Kaimur.

4.

The Sub-Divisional Public Grievances Redressal Officer, Mohania, Kaimur. 5.

The Circle Officer, Nauaon, Kaimur.

6.

Ohm Prakash Choudhary Son of Kemeshwar Choudhary Resident of Vilalge Banka Bahuara, P.S.- Kudhani, District- Kaimur at Bhabua. 7.

Jai Prakash Choudhary Son of Kemeshwar Choudhary Resident of Vilalge Banka Bahuara, P.S.- Kudhani, District- Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad, Adv.

For the Respondent/s :

Mr.Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 14-09-2023 The present writ petition has been filed seeking the following relief:- "1. To issue a writ/ writs, order/ orders, direction/directions including a writ in the nature of mandamus direction the Respondents for removing the encroachment upon the Land Anabad Sarvasadharan, which has been encroached by making brick's wall upon the said land by the Respondent no. 6 and 7, the Residential land of the

Patna High Court CWJC No.12835 of 2023 dt.14-09-2023 2/2 petitioner having Thana no. 290, Mauza-Ban Ka Bahuara, Khata No. 175, Plot no. 63 (763) and Rakba-3 decimals and after raised objection then both are ready assaulted the petitioner, whereas, his way of exit is encroached by the Respondents no. 6 and 7."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Nauaon, District-Kaimur, for redressal of his aforesaid grievance. Liberty so sought, is granted.

3.

It is needless to state that in case, the petitioner approaches the Circle Officer, Nauaon, District-Kaimur, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14.09.2023 Transmission Date NA