Anurag Kumar Alias Anurag Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12816 of 2023 ====================================================== Anurag Kumar alias Anurag Gupta Son of Shri Madan Prasad Gupta, Resident of Village- Mangal Bazar, Nabinagar, P.S and Anchal- Nabinagar, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Addl. Chief Secretary, Department of Land Reforms and Revenue, Government of Bihar, Patna. 2.

The Director, Land Reforms, Bihar, Patna.

3.

The District Magistrate, Aurangabad.

4.

The Sub-Divisional Magistrate, Aurangabad.

5.

The Circle Officer, Nabinagar, Aurangabad.

6.

Golu Kumar, Son of Kundal Thakur, Resident of Maibigha Road, Nabinagar ward no. 6, P.S and Anchal- Nabinagar, District- Aurangabad. 7.

Kundal Thakur, Son of Ganesh Thakur, Resident of Maibigha Road, Nabinagar ward no. 6, P.S and Anchal- Nabinagar, District- Aurangabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bajarangi Lal For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== 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. That this writ petition is being filed for a direction upon respondent authorities especially to respondent no.5 to initiate an encroachment proceeding and remove encroachment over Gairmazarua land situated in Mauza Nabinagar bearing Khata no. 87, Plot no.175, measuring area 14 decimal, which is used as public Road and has been encroached by the persons of vested interest including private respondent no.6 and 7 who have

Patna High Court CWJC No.12816 of 2023 dt.14-09-2023 2/2 constructed their pucca shop over the aforesaid land of public Road causing inconvenience to the public at large including the petitioner. And/or pass such other order / orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Nabinagar, District-Aurangabad, 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, Nabinagar, District-Aurangabad, 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