Shahzad Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1503 of 2023 ====================================================== Shahzad Ahmad Son of Late Manzoorul Haque, Resident of VillageHasanpur, P.S. Kundwa Chainpur, District East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary Cum Principal Sectary, Department of Revenue and Land Reforms, Govt of Bihar, Patna15. 2.

The Additional Chief Secretary Cum Principal Secretary, Department of Revenue and Land Reforms, Govt of Bihar, Patna-15 3.

The Director General of Police, Bihar, Patna. 4.

The Collector Cum District Magistrate, East Champaran Motihari. 5.

The Superintendent of Police East Champaran.

6.

The Sub-divisional Officer Sikrahana, At Dhaka, East Champaran. 7.

The Sub-divisional Police Officer, Sikarahana, at Dhaka, District- East Champaran.

8.

The Circle Officer, (Anchal Adhikari) Dhanka. District- East Champaran. 9.

The Station House Officer, Kundwa Chainpur, District- East Champaran. 10.

Sk. Illiyas Son of Late Sk. Subhan, Resident of Vilage- Hasanpur, P.O. an P.S. Kundwa Chainpur, District East Champaran. 11.

Mumtaz Alam Son of Illiyas, Resident of Village- Hasanpur, P.O. and P.S. Kundwa Chainpur, District East Champaran.

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

For the Petitioner/s :

Mr.Suresh Prasad Bhakta,Adv.

For the Respondent/s :

Mr.Raj Kishore Roy,GP-18 Ms.Surekha Kumari,AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-03-2023 The present writ petition has been filed seeking the following relief:- "1.That this is an application for issuance of appropriate writ/order/direction commanding the respondent authorities to remove the encroachment from the

Patna High Court CWJC No.1503 of 2023(2) dt.18-03-2023 2/3 public Land bearing plot no. 2032 Under Khata no. 8 of Mauza Hasanpur Anchal Dhaka, District- East Champaran recorded in the right of record as Gairmazarua Aam, in the light of provisions of the Bihar Public Land Encroachment Act, 1956 resurfaced by the private respondent no.

10 and 11 after removal of encroachment by the order of this Hon'ble Court. dated 07-07-2022 passed in C.W.J.C. No.1378 of 2020."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Dhanka, DistrictEast 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, Dhaka, District-East 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

Patna High Court CWJC No.1503 of 2023(2) dt.18-03-2023 3/3 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