Mikindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17753 of 2024 ====================================================== Mikindra Kumar son of Ram Chandra Ray Resident of village Ward No.-05 Dulama, Police Station- Madhuban, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar. 2.

The District Magistrate, East Champaran at Motihari 3.

The Additional Collector, East Champaran at Motihari 4.

The In-charge Officer, District Revenue Section, East Champaran at Motihari.

5.

The Circle Officer, Madhuban East Champaran at Motihari. 6.

Ravindra Rai son of Late Ramdhyan Rai Resident of village Ward No.-05 Dulama, Police Station- Madhuban, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar, Adv.

Mr. Shardanand, Adv.

Ms. Shivam Prerna, Adv.

For the Respondent/s :

Mr.Standing Counsel 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2024 Though the present writ petition has been filed by the petitioner for directing the Respondents to remove the encroachment made by the Respondent No. 6, over Gairmazarua land, appertaining to Khata No. 210, Khesra No. 1308, Thana No. 2, situated at Mauza-Dulama, P.S.-Madhuban, District-East Champaran at Motihari, however, at the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Madhuban, DistrictEast Champaran at Motihari i.e. the Respondent No. 5, for removal of the encroachment in question.

Patna High Court CWJC No.17753 of 2024(2) dt.25-11-2024 2/2 2.

Having regard to the limited prayer made petitioner in the present case, I deem it fit and proper to grant liberty to the petitioner to approach the Respondent No. 5 and in case, appropriate petition is filed within a period of four weeks from today, he shall examine the same and in case, it is found that the land in question is a gairmazaura land / public land, he shall initiate encroachment proceedings, forthwith. 3.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U