Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.380 of 2023 ====================================================== Sanjay Sah S/o Hari Bansh Sah Resident of Village- Gaunwali, Ward no.- 9, Post- Dumara, P.S.- Lauriya, West Champaran, Bihar- 845453. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, West Champaran at Bettiah. 3.

The DCLR, Narkatiyaganj, West Champaran.

4.

The SDO, Narkatiyaganj, West Champaran.

5.

The Circle Officer, Lauriya, West Champaran.

6.

Ramchandra Mahto, S/o Late Chaatu Mahto Resident of Village- Gaunwali, Ward no.- 9, Post- Dumara, P.S.- Lauriya, West Champaran, Bihar- 845453. 7.

Mantu Mahto, S/o Late Vasdev Mahto Resident of Village- Gaunwali, Ward no.- 9, Post- Dumara, P.S.- Lauriya, West Champaran, Bihar- 845453. 8.

Chandu Mahto, S/o Late Vasdeo Mahto Resident of Village- Gaunwali, Ward no.- 9, Post- Dumara, P.S.- Lauriya, West Champaran, Bihar- 845453. 9.

Dhanraj Mahto, S/o Late Babulal Mahto Resident of Village- Gaunwali, Ward no.- 9, Post- Dumara, P.S.- Lauriya, West Champaran, Bihar- 845453. 10.

Bhola Mahto, S/o Late Babulal Mahto Resident of Village- Gaunwali, Ward no.- 9, Post- Dumara, P.S.- Lauriya, West Champaran, Bihar- 845453. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar,Adv.

For the Respondent/s :

Mr.Raj Kishore Roy,GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2023 The present writ petition has been filed seeking the following relief:- "1.i. For that the Hon'ble Court may be pleased to direct the respondent authorities to remove the unauthorized temporary constructions over the Government land, having Khesra No.

Patna High Court CWJC No.380 of 2023(2) dt.22-03-2023 2/3 1502, Mauza- Gondouli, Thana and Anchal- Lauriya, Thana No 427, Revenue Thana Sikarpur, in front of the house of the petitioner, interfering with passage of the house of the petitioner and right to use his immovable property and to take immediate steps to protect the life and property of the petitioner and his family members from the respondent no 6 to 10.

ii. For that the Hon'ble Court may be pleased to direct the respondent authorities to remove encroachment caused by Respondent 6 to 10 over 1.5 Dhur of land of petitioner towards NorthEast corner of the land of the petitioner having Mauza-Gondouli, Thana and Anchal-Lauriya, Khata No. 125, Khesera No. 1491, Thana 427, Revenue Thana Sikarpur admeasuring 07 Dhur."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Lauriya, DistrictWest Champaran, for redressal of his aforesaid grievance. Liberty so sought is granted.

It is needless to state that in case the petitioner approaches the Circle Officer, Lauriya,

Patna High Court CWJC No.380 of 2023(2) dt.22-03-2023 3/3 District-West Champaran, 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.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/sonalU