Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21904 of 2019 ====================================================== Munni Devi W/o Ashok Kumar@ Ashok Rai R/o Village- Dudhaila, P.O. and P.S. Sonepur, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar,Patna. 2.

The Departmental Public Grievance Redressal Officer, Revenue and Land Reforms Department, Bihar,Patna.

3.

The District Magistrate, Saran at Chapra.

4.

The Public Grievance Redressal Officer, Sonepur, Saran. 5.

The Sub Divisional Officer, Sonepur, Saran 6.

The Circle Officer, Sonepur, Saran.

7.

Kishun Dev Rai@ Krishnedev Rai, Son of late lal Bihari Rai, R/o VillageDudhaila Parvezabad, P.O. and P.S. Sonepur, District- Saran. 8.

Raj Narayan Rai, Son of late Lal Bihari Rai, R/o Village- Dudhaila Parvezabad, P.O. and P.S. Sonepur, District- Saran. 9.

Urmila Devi, W/o Ranjit Prasad Yadav, R/o Village- Dudhaila Parvezabad, P.O. and P.S. Sonepur, District- Saran.

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Respondent/s :

Mr.Md.Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-11-2019 The short prayer of the petitioner in the present writ petition is to direct the Circle Officer, Sonepur, District-Saran to remove the encroachment made over the public road instituted in village-Parvezabad, Block-Sonepur, District-Saran, Thana No. 95, Khata No. 271, Khesra No. 01, which has been encroached by the respondent nos. 7 to 9.

The learned counsel for the petitioner submits that

Patna High Court CWJC No.21904 of 2019(2) dt.19-11-2019 2/2 though Encroachment Case No. 07 of 2018-19 was initiated against the encroachers, however, the boundary wall made over the aforesaid land in question which is a public road has not been removed and instead the said proceedings have been closed.

Having regard to the limited prayer made by the petitioner herein, I deem it fit and proper to grant liberty to the petitioner to approach the Circle Officer, Sonepure, DistrictSaran by filing appropriate complaint whereupon the Circle Officer, Sonepure, District-Saran shall examine the matter and shall initiate appropriate proceedings under the provisions of the Bihar Public Land Encroachment Act, 1956 and in case any illegal structure is found over the public land/road, the same would be removed forthwith in accordance with the provisions contained under the provisions of the aforesaid Act of 1956. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U