Muslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13692 of 2025 ====================================================== Muslim Son of Late Rahim Manshuri Resident of Village/Mohalla- Naya Tola, Dhimbra, P.O.- Laxmipur Chirayia, P.S.- Amarpur, District- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector of the Distt.- Banka. 2.

The Collector, Banka.

3.

The Circle Officer, Amarpur, Banka.

4.

Md. Maqbul Manshuri, Son of Sulfan Manshuri Resident of Laxmipur Chiraiya, P.S.- Amarpur, Distt.- Banka.

5.

Md. Mangal, Son of Sabul Manshuri Resident of Laxmipur Chiraiya, P.S.- Amarpur, Distt.- Banka.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Malendu, Advocate For the Respondent/s :

Mr. Additional Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-08-2025 Learned counsel for the petitioner Mr. Kumar Malendu at the outset submits that he may be permitted to make necessary correction in the details of respondent no.3 as erroneously the word Patna has been typed. He further submits that he on his own intends to contribute a book worth Rs.200/- to the Lawyer's Association to which he is a member.

2. Heard Mr. Kumar Malendu, learned counsel for the petitioner and learned counsel representing the State.

3. The present petition has been preferred for the grant of following relief(s):

"(i) directing the respondent

Patna High Court CWJC No.13692 of 2025(2) dt.28-08-2025 2/3 authorities to initiate Land Encroachment proceeding against the respondent 2nd party under Bihar Public Land Encroachment Act, 1956 (in short Act).

(ii) Directing the Ld CO (respondent no.3) to take action against the respondent 2nd party, Who are the encroacher under the Act in light of the representation submitted before the Ld. CO several times (Annexure-P/2).

(iii) Directing the state respondents to remove encroachment on the lands in question and thus by making encroachment the respondent 2nd party had created hindrance on the Aam Rasta of the public.

(iv) Any other relief and reliefs which the petitioner may be found entitled to."

4. The petitioner wants the Circle Officer, Amarpur, Banka (respondent no.3) to decide the petition pending before him which has been submitted on 22nd February, 2025 (Annexure P/2 to the petition)

5. Learned State counsel submits that all the needful shall be done at an earliest.

Patna High Court CWJC No.13692 of 2025(2) dt.28-08-2025 3/3

6. In that background, the writ petition stands disposed of allowing the petitioner to approach the respondent no.3, the Circle Officer, Amarpur, Banka who shall after hearing all the parties will be taking the matter to its logical conclusion preferably by 31st December, 2025.

(Rajiv Roy, J) vinayak/- U