Sita Ram Sharma @ Seetaram Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15597 of 2023 ====================================================== Sita Ram Sharma @ Seetaram Sharma Son of Late Raghunandan Sharma, Resident of Village- Malupur, P.S.- Pachrukhi, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate-cum-Collector, Siwan. 3.

The Additional District Magistrate, Siwan.

4.

The Sub-Divisional Officer, Sadar, Siwan.

5.

The Circle Officer, Pachrukhi, District- Siwan. 6.

The Circle Inspector, Pachrukhi, District- Siwan. 7.

Chhotelal Sharma, Son of Late Lockeshwar Sharma, Resident of VillageMallupur, Anchal- Pachrukhi, District- Siwan. 8.

Sanjay Sharma, Son of Late Ram Janam Sharma, Resident of VillageMallupur, Anchal- Pachrukhi, District- Siwan. 9.

Pravin Sharma, Son of Late Ramjanam Sharma, Resident of VillageMallupur, Anchal- Pachrukhi, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad, Advocate For the Respondent/s :

Mr.Sajid Salim Khan ( Sc 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application is being filed by the petitioner for issuance of an appropriate writ in the nature of writ of mandamus directing/commanding the respondents to remove the encroachment done by private respondents Nos.7 to 9 over public road bearing Khata No.128, Survey No.1022, Area-

Patna High Court CWJC No.15597 of 2023(2) dt.03-05-2024 2/2 01-13-12 dhurs out of the aforesaid land 120 feet road is situated in 1200 square feet. The private respondent Nos.7 to 9 have encroached the aforesaid land by conducting house over the same land."

2. After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Pachrukhi, District- Siwan for redressal of his aforesaid grievances. Liberty so sought is granted.

3. It is needless to state that in case appropriate petition is filed by the petitioner, before the respondent no.5, within a period of two weeks from today, under the provisions of the Bihar Public Land Encroachment Act, 1956, the respondent no.5 shall take appropriate action, in accordance with law and after hearing the affected parties, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U