Jagarnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14283 of 2024 ====================================================== Jagarnath Sah Son of Late Rameshwar Sah @ Prameshwar sah, Resident of Village-Rajorampur @ Banjariya P.S.-Sakra, District -Muzaffarpur at Present Resident of Diwan Road Basant Gali, P.O.-Ramna, P.S.-Town, District -Muzaffarpur.

... ... Petitioner/s

Versus

1.

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

2.

The Collector-Cum-District Magistrate, Muzaffarpur. 3.

The Additional Collector, Muzaffarpur.

4.

The Sub-Divisional Officer, East Muzaffarpur. 5.

The Deputy Collector, Land Reforms, East Muzaffarpur. 6.

The Circle Officer, Sakra, District-Muzaffarpur. 7.

Dilip Sah Son of Parmeshwar Sah Resident of Village-Rajorampur @ Banjariya, P.S.-Sakra, District-Muzaffarpur.

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

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the State :

Mr. S.D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-09-2024 The present writ petition has been filed for directing the Circle Officer, Sakra to remove the encroachment from the public land situated at Mauza- Rajorampur, P.S. Sakra, DistrictMuzaffarpur appertaining to Plot No.151, Thana No.849, which has been encroached by the private respondent, especially in view of the fact the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has already been passed by the Circle Officer, Sakra in connection with Encroachment

Patna High Court CWJC No.14283 of 2024(2) dt.21-09-2024 2/2 Case No.7 of 2023-24, and thereafter notice under Section 6(2) of the Bihar Public Land Encroachment Act, 1956 has also been issued to the encroachers by the Circle Officer, Sakra on 06.05.2024.

2. Per contra, the learned counsel for the respondentState submits that in case there is no other legal impediment, the District Magistrate, Muzaffarpur shall ensure that the encroachment in question is removed by taking recourse to the due process of law, forthwith. It is directed, accordingly.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U