Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20105 of 2019 ====================================================== 1.

Santosh Kumar Son of Rambriksh Ram, resident of Village Baksar, P.O. Baksar, P.S. Bandeya, District- Aurangabad.

2.

Mukesh Kumar, Son of Sant Paswan, resident of Village Baksar, P.O. Baksar, P.S. Bandeya, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, General Administration Department, New Secretariat, Patna.

2.

The District Magistrate, Aurangabad.

3.

The Sub Divisional Officer Daudnagar, District Aurangabad. 4.

The Circle Officer, Goh, P.O. and P.S. Goh District Aurangabad. 5.

The Officer in-charge Goh P.S., District Aurangabad. 6.

Yugal Bind, Son of Shiv Nandan Bind, resident of Village and P.O. Baksar P.S. Bandeya, District Aurangabad.

7.

Laldeo Paswan, Son of Mahavir Paswan, resident of Village and P.O. Baksar P.S. Bandeya, District Aurangabad.

8.

Ramashish Paswan, Son of Pancham Paswan, resident of Village and P.O. Baksar P.S. Bandeya, District Aurangabad.

9.

Bal Kishun Paswan, Son of Pancham Paswan, resident of Village and P.O. Baksar P.S. Bandeya, District Aurangabad.

10.

Baleshwar Paswan, Son of Pancham Paswan, resident of Village and P.O. Baksar P.S. Bandeya, District Aurangabad.

11.

Bhondu Paswan, Son of Ant Paswan, resident of Village and P.O. Baksar P.S. Bandeya, District Aurangabad.

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Respondent/s :

Mr. Ravi Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) Date : 27-09-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this application, the petitioners have made a prayer with regard to removal of encroachment from the public road.

Patna High Court CWJC No.20105 of 2019 dt.27-09-2019 2/2 Though in Annexure-1, they have given description of land, but this Court is not dealing with any encroachment made over the land of the petitioners, but is only confining to the public land. Let the petitioners file a proper application under the Public Land Encroachment Act before the Circle Officer, Goh, Aurangabad giving details of the road/Aahar for the purpose of removal of the encroachment. If such application is filed, then Circle Officer will initiate a proceeding after giving notice to the alleged encroachers and conclude the proceeding within a period of six months from the date of filing of such application. If any encroachment is found on the public road, then the same should be removed. Action report should be filed for perusal of this Court. With this observations and directions, this writ application stands disposed of.

(Shivaji Pandey, J) ( Partha Sarthy, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 01.10.2019 Transmission Date N.A.