Gita Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6290 of 2015 ====================================================== Gita Devi W/o Late Shankar Sah, resident of Saidnagar, P.S. - Mufassil, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Collector, East Champaran, Motihari. 2.

The Collector, East Champaran, Motihari.

3.

Sub Divisional Magistrate, Sadar, Motihari.

4.

Land Reforms Deputy Collector D.C.L.R., Sadar, Motihari, East Champaran.

5.

Circle Officer, Motihari, East Champaran.

6.

Station House Officer, Mufassil Police Station Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Yadav, Advocate For the State :

Mr.Md. N. Hoda Khan, SC-1 Mr. Md. Irshad, AC to SC-1 For Intervenor :

Mr. Sanjay Kumar Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-08-2024 The present writ petition has been filed seeking the following relief:- "1(A) A writ in the nature of a mandamus or any other appropriate writ/writs, order/orders, direction commanding the respondents to remove the encroachment from the public land as given in Section 6 of the Public Land Encroachment Act, 1956."

2. At the outset, the learned counsel for the petitioner submits that though part of the encroachment in question has been removed, however, some part of the encroachment is yet to

Patna High Court CWJC No.6290 of 2015(3) dt.14-08-2024 2/2 be removed, hence appropriate direction be issued to the District Magistrate, East Champaran at Motihari.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, East Champaran at Motihari to remove the remaining encroachment in question, if any, by taking recourse to the due process of law, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U