Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1803 of 2023 ====================================================== 1.

Amarjeet Kumar S/o Shri Arun Kumar Sah Resident of Village-Supaul, P.S. Patori, District-Samastipur.

2.

Sudhir Kumar S/o Shri Bashist Ray, Resident of Village-Panapur Dedhrigahiya Sarmast Pur, P.s. Mahnar, District-Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Engineering Organisation Department, Govt. of Bihar, Patna. 2.

The Chief Engineer Engineering Organisation Department, Govt. of Bihar, Patna.

3.

The Executive Engineer, Rural Engineering of Organisation Department, Mahnar Division, P.S. Mahnar, District-Vaishali. 4.

The District Magistrate-Cum-Collector, Vaishali, District-Vaishali, 5.

The District Board, Vaishali through the Deputy Development Commisioner, Vaishali, District-Vaishali.

6.

The Sub-Divisional Officer, Mahnar, District-Vaishali. 7.

The Anchala Adhikari, Mahnar, P.S.-Mahnar, District-Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Kishore Singh Chouhan, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023

1. The present writ petition has been filed seeking the following relief:- "1. That this petition is being filed with a prayer for issuance of writ of Mandamus directing and commanding upon the respondents specially the District Magistrate, Vaishali, S.D.O., Manhar, and Circle Officer, Manhar, Vaishali to remove the encroachment made over the entire starch of road from Bajitpur Chak Usman (Abdullah Chak) to

Patna High Court CWJC No.1803 of 2023(2) dt.26-09-2023 2/2 Darapur (Chamraha via Basdeopur Chandel) which belongs to District Board, Vaishali and formerly to united Muzaffarpur comprised in Plot No.656, 657, 658 with other plots."

2. At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the Circle Officer, Manhar, District-Vaishali, for redressal of their aforesaid grievance. Liberty so sought is granted.

3. It is needless to state that in case the petitioners approach the Circle Officer, Manhar, District-Vaishali, 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) sonal/- U