Omprakash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13205 of 2023 ====================================================== Omprakash Mishra S/o- Late Jagarnath Mishra, Resident of VillageGoithaha, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner

Versus

1.

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

The Collector of East Champaran at Motihari.

3.

The Deputy Collector of Land Reforms, Areraj, District- East Champaran. 4.

The Circle Officer of Harsidhi Anchal, District- East Champaran. 5.

The Officer In-Charge of Harsidhi Police Station, District- East Champaran. 6.

Pannalal Prasad, S/o- Vot Sah, Resident of Village- Ghivadhar, P.S. Harsidhi, District- East Champaran.

7.

Birendra Prasad, S/o- Late Bishun Prasad, Resident of Village- Govindpur, P.S. Harsidhi, District- East Champaran.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar No.1, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-01-2024 Heard the parties.

2.

In this case, the petitioner is seeking a direction to the respondents to remove the encroachment from a Gairmajarua land.

3.

It has been submitted by learned counsel for the petitioner that for removal of encroachment, the petitioner has filed a representation dated 15.02.2023 before the Circle Officer, Harsidhi, East Champaran, which is still pending. 4.

In view of the above, the Circle Officer,

Patna High Court CWJC No.13205 of 2023(2) dt.04-01-2024 2/2 Harsidhi, East Champaran, is directed to consider the pending application dated 15.02.2023 filed by the petitioner. If the Circle Officer finds that there is any encroachment by respondent nos. 6 and 7 then he will initiate an encroachment case under the Bihar Public Land Encroachment Act, 1956 and after hearing all the affected parties including the alleged encroachers, he will pass a reasoned order in accordance with law. The aforesaid exercise must be completed by the Circle Officer within four months from the date of receipt/production of a copy of this order.

5.

With the aforesaid observations and directions, this writ application stands disposed of. 6.

Let a copy of this order be communicated to the District Magistrate, East Champaran at Motihari forthwith for its compliance.

(Sandeep Kumar, J) pawan/- U