Jagarnath Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.431 of 2018 ====================================================== Jagarnath Mahto, son of Late Kuldeep Mahto, resident of MohallaChainpura, Police Station- Bypass, District- Patna. ... ... Petitioner/s

Versus

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

2. The Principal Secretary, Revenue & Land Reforms Department, Government of Bihar, Patna.

3. The District Magistrate, Patna.

4. The Sub- Divisional Officer, Patna City, Patna.

5. The Circle Officer, Patna Sadar, Patna.

6. The Thana-in- Charge, Bypass Thana, Patna.

7. Om Prakash Singh, son of Ramdhyan Singh, resident of MohallaDhawalpura, Police Station- Bypass, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Sinha, Advocate For the Respondent/s :

Mr. Md.Khurshid Alam -AAG 12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-03-2018 Inter alia contending that the land and plot situated at Mauja Dahwalpura, Patna Sadar, bearing Municipal Plot No.1879, Thana No.21, Khata No.83, Khesra No.983 is a Gairmuzurua Aam Land and bringing on record overwhelming documents in support thereof, the grievance of the petitioner in this public interest litigation is that respondent no.7, a private person, has encroached upon the land and is usurping the Government land by making construction. Seeking removal of the encroachment, the writ petition has been filed in public interest.

Patna High Court CWJC No.431 of 2018(3) dt.08-03-2018 2/2 Keeping in view the grievance raised by the petitioner, we direct that on filing a certified copy of this order along with relevant documents and detailed complaint, respondent No.5, the Circle Officer, Patna Sadar, Patna, shall register the complaint as an encroachment case under the Bihar Public Land Encroachment Act, issue notice to all concerned and after following due process of law, dispose of the encroachment matter and direct for removal of the encroachment. Needless to emphasize that the entire action shall be completed within a period of six months from the date of presentation of the complaint.

With the aforesaid direction and observation, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Rajeev Ranjan Prasad, J) Sunil/- U