Punya Dev Prasad v. The State Of Bihar Through The Collector-Cum-District Magistrate,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.145 of 2023 ====================================================== Punya Dev Prasad S/O Late Shiv Ratan Mahato, Resident of Village- Gahiri Kothi, Ward No. 09, P.S- Nautan, Dist.-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector-cum-District Magistrate, West Champaran at Bettiah.

2.

The Collector-cum-District Magistrate, West Champaran at Bettiah 3.

The Additional Collector, Bettiah, West Champaran. 4.

The Deputy Collector, Land Reforms, Bettiah, West Champaran. 5.

The Sub-Divisional Officer, Bettiah Sadar, Bettiah, Dist.-West Champaran. 6.

The Circle Officer, Nautan Block, Nautan, District- West Champaran. 7.

The Superintendent of Police, Bettiah, West Champaran. 8.

The Officer-in-Charge, Nautan Police Station, Nautan, District- West Champaran.

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

For the Petitioner/s :

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

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "1.(A).For issuance of an appropriate writ, order/s, direction for the followings:- I. To remove all encroachment from a piece of Gairmajarua Aam Land (Public road) appertaining to Khata No. 396/460, Plot Nos. 1899/1914 falling within Gahiri village of NautanBlock under West Champaran

Patna High Court CWJC No.145 of 2023(2) dt.04-09-2023 2/3 District.

II. To remove all encroachment from a piece of Gairmajarua Aam Public Land appertaining to Khata No. 460, Plot No. 1916, falling within Gahiri village of Nautan Block under West Champaran District as the Gram Katchahari of the village is situated over this land and all the premises around the Gram Katchahari has been subjected to mass encroachment.

III. To hold that the aforesaid pieces of land are public land and the same have been encroached upon by some people in an illegal manner."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Nautan Block, District-West Champaran, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case the petitioner approaches the Circle Officer, Nautan Block, District-West Champaran, by filing appropriate petition under the provisions of the

Patna High Court CWJC No.145 of 2023(2) dt.04-09-2023 3/3 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) S.Sb/- U