Umashankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17923 of 2024 ====================================================== Umashankar Yadav Son of Chandradev Yadav, Resident of VillageNagardehi, P.S. - Bhangha, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, West Champaran, Bettiah. 3.

The Superintendent of Police, West Champaran, Bettiah. 4.

The Sub Divisional Officer, Narkatiaganj, District - West Champaran. 5.

The Sub Divisional Police Officer, Narkatiaganj, District - West Champaran. 6.

The Circle Officer, Mainatand, District- West Champaran. 7.

The Officer In-Charge, P.S. - Bhangha, District - West Champaran. 8.

Islam Gadi, son of Manan Gaddi, Son of Chandradev Yadav, Resident of Village - Nagardehi, P.S. - Bhangha, District- West Champaran. 9.

Nafis Ahmad, Son of Chandradev Yadav, Resident of village- Nagardehi, P.S. Bhangha, District- West Champaran.

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

For the Petitioner/s :

Mr.Shashank Kr. Choudhary, Advocate For the Respondent/s :

Mr.Sunil Kr. Mandal, SC-3 Mr.Bipin Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2024

1. Though the present writ petition has been filed for commanding the respondent-authorities, especially the Circle Officer, Mainatand, District- West Champaran i.e. the respondent no.6 to remove the encroachment made over the public land, appertaining to Khata No.190, Khesra No.345 and 348, situated at village-Nagardahih, Circle-Mainatand, DistrictWest Champaran, however, at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to

Patna High Court CWJC No.17923 of 2024(2) dt.27-11-2024 2/2 approach the respondent no.6 for initiation of appropriate proceeding under the provisions of the Bihar Public Land Encroachment Act, 1956.

2. Per contra, the learned counsel for the respondentState submits that in case the petitioner files appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, the respondent no.6 shall make appropriate inquiry and do the needful, forthwith.

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.6 within a period of two weeks from today, whereupon the respondent no.6 shall make an inquiry into the matter within a period of four weeks, thereafter and in case it is found that the public land has been encroached, he shall initiate appropriate proceedings, forthwith and take the same to its logical conclusion.

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

(Mohit Kumar Shah, J) Saurav/- U