Laxman Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21156 of 2019 ====================================================== Laxman Chaudhary S/o Late Surendra Chaudhary, Secretary, Kamala Nadi Bachao Sangharsh Samiti, Pandaul (Madhubani), resident of village- Bih Nagar, P.O.- Biraul, P.S. Pandaul, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The District Magistrate, District- Madhubani. 4.

The Sub-Divisional Officer, Sub-Division- Sadar Madhubani, DistrictMadhubani. 5.

The Circle Officer, Circle- Pandaul, District- Madhubani. 6.

Pintoo Mishra, S/o Shri Ganesh Mishra, resident of village- Sohrai, P.S.- Sakari, District- Madhubani.

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

For the Petitioner/s :

Mr.Bimal Kumar Jha, Advocate For the Respondent/s :

Mr.Ajay, GA 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 23-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, allegation has been made that the certain persons are intending to occupy the river bed and converting it for their own purpose.

3. A representation has been filed before the District Magistrate-cum-Collector, Madhubani, but as per the petitioner, no action has been taken. The name of the person has been

Patna High Court CWJC No.21156 of 2019(2) dt.23-10-2019 2/2 stated as respondent no.6 who has illegally encroached upon the river bed.

4. Let the Circle Officer, Pandaul first verify as to whether the statement made in the application is correct or incorrect and if he arrives to a finding that respondent no. 6 has encroached upon the river bed illegally or any way putting hindrance with the movement of water, he will take action after giving notice as provided under the Bihar Public Land Encroachment Act..

5. For convenience, the petitioner is directed to file a fresh application before the Circle Officer, Pandaul, who is obliged to initiate a proceeding and complete the same within a period of six months from the date of filing of the application and submit the action report before this Court for perusal.

6. With the above observation and direction, this petition is disposed of.

(Shivaji Pandey, J) (Partha Sarthy, J) Mahesh/- U