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Patna High CourtCWJC/15818/2023disposed

Sujit Kumar v. The State Of Bihar

2024-05-03Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15818 of 2023 ====================================================== Sujit Kumar Son of Sri Ram Nath Singh, Resident of village and P.O.- Arai, Police Station- Shahjahanpur, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna. 2.

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

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

The Circle Officer, Daniyawan, Patna.

5.

Pradeep Narayan Singh, Son of name not known Resident of village and P.O.- Arai, Police Station- Shahjahanpur, District- Patna. 6.

Sudhanshu Kumar, Son of Late Arun Singh Resident of village and P.O.- Arai, Police Station- Shahjahanpur, District- Patna. 7.

Ranjan Kumar, Son of Late Arun Singh Resident of village and P.O.- Arai, Police Station- Shahjahanpur, District- Patna. 8.

Rishi Kumar, Son of Satyendra Singh Resident of village and P.O.- Arai, Police Station- Shahjahanpur, District- Patna. 9.

Sumit Kumar, Son of Pappu Singh Resident of village and P.O.- Arai, Police Station- Shahjahanpur, District- Patna.

10.

Pappu Singh, Son of Ganga Singh Resident of village and P.O.- Arai, Police Station- Shahjahanpur, District- Patna.

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

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Adv.

Mr.Rajeev Kumar, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam ( AAG-12 ) ====================================================== 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 is an application for issuance of a writ in the nature of mandamus or any other appropriate writ or writs directing the respondents to initiate a proceeding against the private respondents for

Patna High Court CWJC No.15818 of 2023(2) dt.03-05-2024 2/2 removal of encroachment from the Public land bearing Khata No.111, Plot No.716 having an area of 1.72 acres situated in Mauza-Arai, Police StationShahjahanpur, District-Patna by exercising the power Under Section 3 of the Bihar Public Land Encroachment Act, 1956 and decide the same in accordance with law without further delay."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Daniyawan, District-Patna, 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 Circle Officer, Daniyawan, District-Patna, under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of two weeks from today, the Circle Officer, Daniyawan, District-Patna, 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) sonal/- U