Ajay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16905 of 2019 ====================================================== Ajay Kumar Rai Son of Late Dhruv Prasad Rai, Resident of Village - Siswa Bhumihar, Anchal- Yogapatti, P.S.- Nawalpur (Yogapatti), District- West Chamapran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Bihar, Patna. 2.

The Commissioner, Tirhut Pramandal, at Muzaffarpur. 3.

The Collector, West Champaran at Bettiah.

4.

Deputy Collector, Land Reforms, West Champaran at Bettiah. 5.

Sub-Divisional Officer, Sadar Bettiah at West Champaran. 6.

The Circle Officer, Anchal- Yogapatti, District- West Champaran. 7.

The Superintendent of Police, West Champaran at Bettiah. 8.

The Officer-in-Charge, Nawalpur, P.S. West Champaran. 9.

Horil Patel Son of Late Yugeshwar Patel Village- Siswa Bhumihar, AnchalYogapatti, P.S.- Nawalpur (Yogapatti), District- West Champaran. 10.

Dhrub Patel Son of Late Radha Kishan Patel Village- Siswa Bhumihar, Anchal- Yogapatti, P.S.- Nawalpur (Yogapatti), District - West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-08-2019 The present writ petition has been filed for directing the respondents to remove the encroachment from public land in question appertaining to Revenue Thana No. 412, Khata No. 183, Khesra No. 173.

The learned counsel for the petitioner submits that though the petitioner has approached the Circle Officer, Jogapatti, District West Champaran under the provisions of the Bihar Public Land Encroachment Act, 1956 for removal of the

Patna High Court CWJC No.16905 of 2019(2) dt.20-08-2019 2/2 encroachment in question, but no action is being taken by the said Circle Officer.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with liberty to the petitioner to file a fresh complaint before the Circle Officer, Jogapatti, West Champaran within a period of four weeks from today, whereupon the Circle Officer, Jogapatti, West Champaran, shall take appropriate action under the provisions of the Bihar Public Land Encroachment Act, 1956, if maintainable, and after seeking objection from the encroachers shall pass final orders under section 6(1) of the Bihar Public Land Encroachment Act, 1956.

(Mohit Kumar Shah, J) Tiwary/- U