Sri Kant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18228 of 2022 ====================================================== Sri Kant Kumar Singh, Son of Basant Kumar Singh, resident of Mohalla Ward No. 18 Kailash Nagar Bingaon Raipur District Raipur Chhatisgarh Permanent address Kathanua P.S. Aurangabad (M) District Aurangabad (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Department of Revenue and Land Reform Govt. of Bihar, Patna.

2.

The District Magistrate-Cum Collector, Aurangabad. 3.

The Circle Officer, Circle Aurangabad District Aurangabad. 4.

The Nand Lal Singh Son of Shankar Singh, Resident of Mauja Kathanua, P.S. Aurangabad (M) District - Aurangabad.

5.

The Rajesh Singh Son of Jagranath Singh, Resident of Mauja Kathanua, P.S. Aurangabad (M) District - Aurangabad.

6.

The Chhotan Singh Son of Shankar Singh, Resident of Mauja Kathanua, P.S. Aurangabad (M) District - Aurangabad.

7.

Baban Singh, son of Shankar Singh Resident of Mauja Kathanua, P.S. Aurangabad (M) District - Aurangabad.

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-07-2023 The present writ petition has been filed seeking the following relief:- "1. That this petition is being filed for issuance of Writ(s), Direction(s) or Order(s) in the nature of Mandamus commanding and directing upon the concerned Respondents to remove encroachment by initiating proceeding under the Bihar Public Land Encroachment Act, 1956 over

Patna High Court CWJC No.18228 of 2022(2) dt.03-07-2023 2/2 the public land being used as Aam Rasta (Pind)." At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Circle Aurangabad, District-Aurangabad, 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, Circle Aurangabad, DistrictAurangabad, 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. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U