Vinod Kumar @ Vinod Kumar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12554 of 2016 ====================================================== Vinod Kumar @ Vinod Kumar Prasad Son of Dashrath Prasad, aged about 42 years, Resident of Village- Mahmadpur Majhaulia, Police Station- Rajepur, District- West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue Department, Govt. of Bihar, Patna 2.

The District Magistrate, East Champaran.

3.

The Sub-Divisional Officer S.D.O. Chakia, District- East Champaran. 4.

The Circle Officer, Mehsi, District- East Champaran. 5.

Rajendra Prasad son of Late Bhola Prasad 6.

Rajdeo Prasad son of Late Daroga Prasad 7.

Mahadeo Prasad son of Late Janakl Prasad All are residents of VillageMahmadpur Majhaulia, Police Station- Rajepur, Post- Rajepur, District- East Champaran.

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Respondent/s :

Mr.Raj Kishore Roy-Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2023 The present writ petition has been filed seeking the following reliefs:- "1(A). To direct the respondent Sub-Divisional officer (Respondent no.3), Chakia in the District of East Champaran to provide Magistrate and police force in order to remove the encroachment from the land appertaining to Khata no.279, Plot no. 130 1⁄2, area 9 1⁄2 decimal and plot no. 130 2/3 area 03 decimals (hereinafter referred to as the land in dispute) falls within Mauja-Mahmadpur Majhaulia, Police Station- Rajepur, Anchal-Mehsi, DistrictEast Champaran in terms of the letter no.294 dated 29.03.2016 (Annexure-6) issued under the

Patna High Court CWJC No.12554 of 2016(4) dt.22-03-2023 2/2 signature of Circle officer, Mehsi, District-East Champaran.

(B). To direct the circle officer, Mehsi, DistrictEast Champaran (Respondent no.4) to remove the encroachment from the land in dispute so that the construction of Gram Panchayat Bhawan be started."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Mehsi, District-East Champaran for redressal of his aforesaid grievance. Liberty so sought, is granted.

It is needless to state that in case, the petitioner approaches the Circle Officer, Mehsi, District-East Champaran, 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.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U