Shiv Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15099 of 2023 ====================================================== Shiv Kumar Paswan Son of Late Bado Paswan @ Late Badhu Paswan, Resident of Village - Chapuk, P.S. - Goh, District - Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Aurangabad.

3.

The Superintendent of Police, Aurangabad.

4.

The Sub-Divisional Officer, Daudnagar, Aurangabad. 5.

The Deputy Collector, Land Reform, Daudnagar, Aurangabad. 6.

The Circle Officer, Goh, Aurangabad.

7.

The Incharge of Goh Police Station, Aurangabad. 8.

Sadhu Paswan, Son of Late Krishna Paswan, Resident of Village - Chapuk, P.S. Goh, District - Aurangabad.

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( GP- 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-04-2024 The present writ petition has been filed seeking the following relief:- "1. That this is an application for issuance of appropriate writ/writs, order/orders, direction/directions commanding the respondent authorities especially respondent no.

6 (The Circle Officer) to remove encroachment made by the private respondent no. 8 on the land appertaining to Khata no. 145, Mauza- Chapuk, Plot no. 336, Area-

Patna High Court CWJC No.15099 of 2023(2) dt.30-04-2024 2/3 22 decimal recorded as Gair Majarua Malik land in the name of exlandlord and further aforesaid land is a ridge (pind) of Aahar and utilized by petitioner as ingress and outgress of his home and other villager as pathway but private respondent illegally encroached the land and blocked the ingress of petitioner despite the order passed by respondent no. 5 (The D.C.L.R) in land dispute Case No. 5/2018-19 and later on Sub-Divisional Officer (Respondent no. 4) in Case No.

1118/2019 on 17.07.2019 giving direction to respondent no. 6 to take appropriate action but till date no action has been taken."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Goh, Aurangabad, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner files appropriate petition before the Circle Officer, Goh, Aurangabad, under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of two weeks from today,

Patna High Court CWJC No.15099 of 2023(2) dt.30-04-2024 3/3 he shall examine the same in accordance with law and after hearing the affected parties, shall pass the final order, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U