Hasmuddin Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18281 of 2019 ====================================================== Hasmuddin Khan Son of Late Shaukat Ali Khan Resident of Village and Post Office- Sansariya, Police Station- Bettiah Muffasil, District- West Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.
2.
The Collector cum District Magistrate, West Champaran at Bettiah. 3.
The Superintending Engineer, Tirhut Canal Circle, West Champaran at Bettiah.
4.
The Executive Engineer, Tirhut Canal, Division No.2, West Champaran at Bettiah.
5.
The Sub Divisional Officer, Bettiah Sadar, West Champaran. 6.
The Anchal Adhikari, Nautan, West Champaran.
7.
The Officer in Charge, Bettiah Muffasil Police Station, Bettiah, West Champaran.
8.
Jiaur Rehman Khan Son of Late Md. Khan Resident of Village- Sansariya, Police Station- Bettiah Muffasil, District- West Champaran. 9.
Mainuddin Khan Son of Sah Mahamed Khan Resident of Village- Sansariya, Police Station- Bettiah Muffasil, District- West Champaran. 10.
Hassan Imam Son of Late Mahamed Khan Resident of Village- Sansariya, Police Station- Bettiah Muffasil, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7 For the Respondent/s :
Mr.Rishi Raj Sinha (SC-19) Mr. Akhilesh Kumar Sinha, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-09-2019 The present writ petition has been filed for removing the illegal construction made by the private respondents appertaining to the land of Gandak Department, Division No. 2, situated at Mauja-Sansariya, Thana No. 184, Khata No. 99, Khesra No. 474, 469, 465 & 466, regarding which
Patna High Court CWJC No.18281 of 2019(2) dt.12-09-2019 2/2 Encroachment Case No. 3 of 2017-18 was initiated and the encroachment was removed, however, the private respondents have again made encroachment over the said land in question. This Court deems it fit and proper to dispose off the present writ petition with liberty to the petitioner to approach the Circle Officer, Nautan, District-West Champaran by filing appropriate complaint whereupon the Circle Officer, Nautan shall consider the same and take action under the provisions of the Bihar Public Land Encroachment Act, 1956 and in case it is found that the private respondents have again encroached upon the aforesaid plot in question, appropriate action would be taken after granting them opportunity of filing their objection by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.
(Mohit Kumar Shah, J) S.Sb/- U