Bimal Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15966 of 2022 ====================================================== Bimal Kumar Jha permanent resident of village and Bhawanipur PostPandanl, P.S.- Sakari, District- Madhubani, presently residing at- Rental flat261, Lohia Nagar, Kankarbag, Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the principal secretary Revenue Department, Bihar, Patna.

2.

The Principal Secretary Revenue Department, Bihar, Patna. 3.

The District Magistrate, District- Madhubani. 4.

The Circle Officer, Circle- Pandaul, District- Madhubani. 5.

Dr. Uma Nath Jha S/o Late Mahavir Jha R/o village- Bhawanipur, PostPandaul, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar Jha For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The present writ petition has been filed seeking the following relief:- "1.I. For issuance of a writ in the nature of Mandamus commanding, directing, ordering the Respondents to register a case under the Bihar Public Land Encroachment Act 1956 acting on an application filed, on 15.10.2022 by the petitioner's father Shree Krishna Kumar Jha before the respondent no. 4 the Circle Officer and the respondent no.3 the District Magistrate regarding a non

Patna High Court CWJC No.15966 of 2022(2) dt.10-05-2023 2/3 agriculture public land bearing plot no. 7353 in Khata no. 1981 situated at mouza under circle Pandaul bearing revenue Thana No. 106, District- Madhubani and conclude the same within a reasonable period, in accordance with law, preferably within a period of six months as the public road has forcefully and illegally been encroached by the private respondent no.5 thereby blocking the road."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Pandaul, DistrictMadhubani, 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, Pandaul, District-Madhubani, 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.

Patna High Court CWJC No.15966 of 2022(2) dt.10-05-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/sonalU