Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17778 of 2024 ====================================================== 1.

Raman Kumar Son of Vinay Kumar Singh, Resident of Village- Mojahida, P.O. and P.S- Parbatta, District- Khagaria.

2.

Mukesh Mandal Son of Late Bhutto Mandal, Resident of Village- Temtha Raka, P.O. and P.S- Parbatta, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Collector, Khagaria.

3.

The Sub-Divisional Officer, Gogari, Khagaria. 4.

The Circle Officer, Parbatta, Khagaria.

5.

Maksud Alam @ Maksud Baitha Son of Late Muslim Baitha Resident of Village- Mojahida, P.O. and P.S- Parbatta, District-Khagaria. 6.

Azad Baitha Son of Late Kuddus Baitha Resident of Village- Mojahida, P.O. and P.S- Parbatta, District- Khagaria.

7.

Kasim Baitha Son of Late Kuddus Baitha Resident of Village- Mojahida, P.O. and P.S- Parbatta, District- Khagaria.

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

For the Petitioner/s :

Mr.Diwakar, Advocate For the Respondent/s :

Mr.Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-11-2024

1. Though, the present writ petition has been filed for directing the Circle Officer, Parbatta, Khagaria, i.e. the respondent no.4 to remove the encroachment made over public/PWD road, situated opposite the State Bank of India, Parbatta Branch, in front of Plot No.209, Khata No.145, situated at Mauza-Parbatta, District-Khagaria, near Toran Dwar, however, at the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to approach the

Patna High Court CWJC No.17778 of 2024(2) dt.25-11-2024 2/2 respondent no.4 for redressal of their aforesaid grievances, nonetheless, seek a direction upon respondent no.4 to expedite the matter.

2. Per contra, the learned counsel for the respondentState submits that in case the petitioners files appropriate petition before the respondent no.4, he shall definitely take suitable action under the provisions of the Bihar Public Land Encroachment Act, 1956, forthwith, if warranted.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioners to file appropriate petition before the respondent no.4 under the provision of the Bihar Public Land Encroachment Act, 1956 and in case such a petition is filed within a period of four weeks from today, the Circle Officer, Parbatta shall examine the same within a period of four weeks, thereafter and take appropriate action, in accordance with law, forthwith.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U