Fariyad Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18314 of 2017 ====================================================== Fariyad Ahmad son of Late Abdul Rauf Resident of village - Nautanwa, Police Station - Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through Secretary, Water Resources Department, Government of Bihar.

2.

The District Magistrate, West Champaran, Bettiah. 3.

The Chief Engineer, Water Resources Department, Triveni Canal, Motihari. 4.

The Officer-in-charge, Shikarpur Police Station, District - West Champaran. 5.

Md. Hussain son of Late Sheikh Kareeb 6.

Reyaz son of Anwarul Haque 7.

Zulfekhar son of Late Nabi Hasan All residents of village - Nautanwa, Police Station - Shikarpur, District - West Champaran. 8.

Dhani Lal Sah son of Salik Sah Resident of Village - Kukra, Police Station - Shikarpur, District - West Champaran.

9.

The Circle Officer, Narkatiaganj, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zeyaul Hoda, Advocate For the Respondent/s :

Mr.Saroj Kumar, AC to GP 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-04-2023 At the outset, the learned counsel for the petitioner seeks permission on behalf of the petitioner to implead the Circle Officer, Narkatiaganj, West Champaran as party respondent no. 9 to the present writ petition. Permission so sought, is granted.

The needful be done during the course of the day. The present petition has been filed seeking the following reliefs :-

Patna High Court CWJC No.18314 of 2017(2) dt.24-04-2023 2/3 "(i) For issuance of a writ in the nature of writ of mandamus directing the District Magistrate, West Champaran, Bettiah to remove the encroachment from the Public Land relating to Irrigation Department, Government of Bihar, which have been illegally encroached by the private respondents no. 5 to 8, with connivance of engineers of Irrigation Department and forcefully they are trying to construct houses and shops over the govt. land.

(ii) For issuance of a writ in the nature of writ of mandamus directing the District Magistrate, West Champaran, Bettiah to enquire the matter with respect to encroachment of Government land relating to Irrigation Department."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Narkatiaganj, West Champaran for redressal of his aforesaid grievances. Liberty so sought, is granted. It is needless to state that in case, the petitioner approaches the Circle Officer, Narkatiaganj, West Champaran 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

Patna High Court CWJC No.18314 of 2017(2) dt.24-04-2023 3/3 with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U