Usha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17775 of 2024 ====================================================== Usha Singh Wife of Niraj Kumar Savaran Resident of Village- Ajwan PS -Naubatpur, District-Patna.

... ... Petitioner/s

Versus

1.

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

2.

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

The Additional District Magisterate Patna., District-Patna. 4.

The Circle Officer, Naubatpur Anchal, Naubatpur, District-Patna. 5.

Atul Singh @ Dhananjay Singh Son of Late Shivchandra Singh Resident of Village- Ajwan, P.S.-Naubatpur, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar For the Respondent/s :

Mr.Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2024

1. The present writ petition has been filed for directing the respondents to initiate encroachment proceeding for removal of encroachment made over alleged gairmazarua land appertaining to Khata No.495, Plot No.1948, Khata No.832, Plot No.1965 and Khata No.1233, Plot No.2002, situated at Mauza-Ajwan, P.S.-Naubatpur, District-Patna.

2. The learned counsel for the respondent-State has submitted that in case the petitioner approaches the Circle Officer, Naubatpur, District-Patna, i.e. the respondent no.4 by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, he shall examine the

Patna High Court CWJC No.17775 of 2024(2) dt.25-11-2024 2/2 matter and proceed in accordance with law, in case the land in question is found to be public land.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to file appropriate petition before the respondent no.4 who shall examine the matter and in case it is found that encroachment has been made over public land, he shall initiate encroachment proceedings, forthwith.

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

(Mohit Kumar Shah, J) Saurav/- U