Manoj Kumar Mehta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2910 of 2018 ====================================================== Manoj Kumar Mehta Son of late Harihar Prasad Mehta resident of Village & P.O. Aliganj, P.S. - Chandradeep, District - Jamui. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Jamui.

3. The Sub-Divisional Officer, Jamui.

4. The Circle Officer, Islamnagar Aliganj, Jamui.

5. The Station House Officer, Chandradeep, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha, Advocate For the Respondent/s :

Mr. Anil Kumar Sinha- Ga1 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-04-2018 This writ petition in public interest has been filed complaining encroachment by private persons in Gairmajarua Aam land in Khata No.245, Khesra No.109 & 110, situated in village Manpur, Block- Islamnagar Aliganj of Jamui district, which is in the nature of Bandh and Aahar, and in Gairmajarua Aam land in Khata No.405, Khesra Nos.1701, 1702, 2507, 2834 and 1877, situated in village Aliganj, which is in the nature of pond and water channel (Payeen) meant for irrigation.

Inter alia contending that there are encroachments in both these areas, which are public land and that the authorities concerned, in spite of representation filed by the villagers, are not

Patna High Court CWJC No.2910 of 2018 dt.05-04-2018 2/2 removing the encroachment, this application has been filed in public interest.

Having heard learned counsel for the parties and keeping in view the grievance of the petitioner, presently, without entering into the controversy and without expressing any opinion on the allegations made, it is directed that on the petitioner filing a certified copy of this order along with relevant documents and a detailed representation for removal of the encroachment before Respondent No.4, Respondent No.4 shall register the same as a proceeding for removal of encroachment under the Bihar Public Land Encroachment Act, issue notice to the encroachers, hear them and after following the due process of law, pass appropriate orders for removal of encroachment, preferably within a period of six months from the date of receipt/production of copy of this order along with a proper representation.

With the aforesaid, this petition is disposed of. (Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.04.2018 Transmission Date