Rajmangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17518 of 2022 ====================================================== Rajmangal Singh S/o-Brahmdev Singh Resident of Ward No.-01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Farpa, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, East Champaran.

3.

The Sub-Divisional Magistrate, Chauradano, East Champaran. 4.

The Circle Officer, Chauradano, East Champaran. 5.

Dashrath Mahto S/o-Sukhari Mahto Resident of Village-Resident of Ward No.-01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Darpa, District-East Champaran.

6.

Shatrudhan Mahto S/o-Ramkbal Mahto Resident of Village-Resident of Ward No.-01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Darpa, District-East Champaran.

7.

Shambhu Mahto S/o-Dwarika Mahto Resident of Village-Resident of Ward No.-01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Darpa, District-East Champaran.

8.

Sanjay Mahto S/o-Dewchan Mahto Resident of Village-Resident of Ward No.-01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Darpa, District-East Champaran.

9.

Shankar Mahto S/o-Yogi Mahto Resident of Village-Resident of Ward No.- 01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Darpa, District-East Champaran. 10.

Pintu Mahto Resident of Village-Resident of Ward No.-01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Darpa, District-East Champaran. 11.

Jitendra Mahto S/o-Ramayan Mahto Resident of Village-Resident of Ward No.-01, Darpa Tola, Sukhaiahiya, P.O. and P.S.-Darpa, District-East Champaran.

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv, For the Respondent/s :

Mr.Sajid Salim Khan ( SC 25 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2023 The present writ petition has been filed seeking the following relief:- "1.(i) For issuance of any appropriate writ or writs,

Patna High Court CWJC No.17518 of 2022(2) dt.26-06-2023 2/3 Rule or direction especially in the nature of mandamus commanding and directing the respondent No.-4, Circle Officer, Chauradano, Block under the District of-East Champaran (Motihari) to remove the Encroachment Government land (Aam from the Gairmajarua) bearing Khata No.- 548, Khesra No.- 1684, 1707, and 1661 upon which private respondents have forcibly encroached and took Physical possession upon the land in question caused the general people of village are suffering to use their Government road because there is no any other Public road is connected to the Village of the petitioner save and except the road which is under Encroachment."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Chauradano, District-East Champaran, 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, Chauradano, District-East 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 with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

Patna High Court CWJC No.17518 of 2022(2) dt.26-06-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U