Suman Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.513 of 2023 ====================================================== Suman Kumar Jha Son of Late Devendra Jha, Resident of Village- Basauli Police Station and Anchal- Rahika District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Collector, Madhubani 3.

The Deputy Collector Land Reforms, Madhubani 4.

The Sub Divisional Officer, Madhubani 5.

The Circle Officer, Rahika, Madhubani 6.

Arbind Kumar Jha Son of Bhola Jha, Resident of Village and P.O- Basauli Police Station Rahika District- Madhuban. At Present C/O Mohan Mishra Son of Late Raghuchandra Mishra resident of village and P.O Rahika District - Madhubani 7.

Pramod Kumar Jha Son of Babuji Jha, Permanent Address resident of Village and P.O- Basauli Police Station Rahika District- Madhuban. At present Mohalla-Raj Kumar Ganj Pinde Babuji Jha Library Darbhanga, P.SUniversity, Darbhanga. 8.

Sudhir Kumar Jha Son of Late Sita Ram Jha Resident of Village and P.OBasauli, P.S- Rhaika, District- Madhubani. 9.

Sanjiv Kumar Jha Son of Late Sita Ram Jha Resident of Village and P.OBasauli, P.S- Rhaika, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2023

1. The present writ petition has been filed seeking the following reliefs:- "1(I) For that the concerned respondents may be directed to stop to the bad elements of the society in the filing up soil in the pond and also cutting the trees situated under Mauza- Basauli, Anchal Rahika District- Madhubani Vide New

Patna High Court CWJC No.513 of 2023(2) dt.18-09-2023 2/2 Khesra No. 5130, 5128, 5129.

(II) For that further the concerned respondents may be directed to be free to the ponds from the bad elements as such they are encroaching the pond situated under Mauza- Basauli, AnchalRahika District- Madhubani Vide New Khesra No. 5130, 5128, 5129."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Rahika, District- Madhubani, for redressal of his aforesaid grievance. Liberty so sought is granted.

3. It is needless to state that in case the petitioner approaches the Circle Officer, Rahika, District- Madhubani, 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.

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

(Mohit Kumar Shah, J) Saurav/- U