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Patna High CourtCWJC/18882/2019disposed

Shamsur Rahman Khan v. The State Of Bihar

2019-09-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18882 of 2019 ====================================================== Shamsur Rahman Khan Son of Motiur Rahman Khan Resident of VillageDaryapur, Uttari Madhubani, P.S.Samgrampur, District-East Champaran at Present residing at Mohalla-Agarwa, Ward No-2, P.S.-Gali No.-2, P.S.-Town Motihari, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Land and Revenue, Government of Bihar, Patna.

3.

The District Magistrate, East Champaran.

4.

The Sub Divisional Officer, Areraj, District-East Champaran. 5.

The Circle Officer, Sangrampur, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Asif Kalim For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-09-2019 The present writ petition has been filed for removing the alleged encroachment made over the public land in question having Plot no. 362, Khata no. 157 situated in Madhubani Mauza, Anchal-Sangrampur, Dist-East Champaran. This Court is of the view that in case, a person seeks removal of encroachment from the public land then he has to take recourse to the provisions contained in Bihar Public Land Encroachment, Act, 1956, hence liberty is given to the petitioner to approach the Circle Officer, Sangrampur, Dist-East Champaran by filing an appropriate complaint under the provisions of the Bihar Public Land Encroachment, Act, 1956

Patna High Court CWJC No.18882 of 2019(2) dt.17-09-2019 2/2 and in case, such a complaint is filed, the Circle Officer, Sangrampur shall take action over the same in accordance with law, if the complaint is found to be maintainable. The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U