Birendra Kumar Sinha And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2358 of 2018 ====================================================== 1.

Birendra Kumar Sinha and Anr S/o Late Bindeshwary Prasad Singh. 2.

Suresh Prasad Singh, S/o Late Radhika Prasad Singh Both permanent resident of Village- Rukunbadha, P.O. P.S. and Anchal- Maker, DistrictSaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner Saran at Chapra.

3.

The Collector Saran at Chapra.

4.

The Superintendent of Police, Chapra.

5.

The Sub-Divisional Officer, Sadar Chapra.

6.

The Deputy Collector Land Reforms, Sadar, Chapra. 7.

The Circle Officer, Maker, District Saran at Chapra. 8.

The Executive Engineer, Flood Control Division, Chapra. 9.

The Sub-Divisional Officer, Flood Control Sub-division, Basantpur Bangla Basnkerba District- Saran 10.

Nilam Devi, W/o Late Anil Singh, Mukhiya Gram Panchayat Bhata. 11.

Sunil Singh, S/o Late Gorakh Singh, 12.

Manju Singh, S/o Late Gorakh Singh, 13.

Vikash Singh, S/o Late Manju Singh, 10 to 13 resident of VillageChandpatti Thahra, P.S. Maker, District- Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

Mr.Amarendra Narayan, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2022 The present writ petition has been filed for directing the respondents to remove encroachment made by the private Respondents No. 10 to 13 in and around 24 mile of embankment of river Gandak in village Chandpatti, P.S. Maker, District Saran.

Patna High Court CWJC No.2358 of 2018(3) dt.18-07-2022 2/2 At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Circle Officer, Maker, District Saran at Chapra by filing appropriate application under the provisions of the Bihar Public Land Encroachment Act, 1956.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate application before the Circle Officer, Maker, District Saran at Chapra and in case such application is filed within a period of four weeks from today, the Circle Officer, Maker, District Saran at Chapra shall examine the same and after hearing the effected parties, shall pass appropriate order in accordance with law as also in accordance with the provisions contained in the Bihar Public Land Encroachment Act, 1956 within a period of twelve weeks thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U