Digvijay Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17526 of 2023 ====================================================== Digvijay Tiwari son of Vidya Tiwari, resident of Village-Bhuidharva, Police Station-Bhitaha, District-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, West Champaran. 2.

The District Magistrate, West Champaran at Bettiah. 3.

The Sub-Divisional Officer, Bagaha, District-West Champaran. 4.

The Circle Officer, Anchal Bhitaha, District-West Champaran. 5.

The District Programme Officer, West Chaparan at Bettiah. 6.

The Child Development Project Officer, Bhitaha, District-West Champaran. 7.

Ritamber Sah son of Varsati Sah, resident of Village-Bhuidharwa, Police Station-Bhitaha, District-West Champaran.

8.

Lal Pahadi Sah, son of Varsati Sah, resident of Village-Bhuidharwa, Police Station-Bhitaha, District-West Champaran.

9.

Mahesh Verma, son of Thakur Verma, resident of Village-Bhuidharwa, Police Station-Bhitaha, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prerna Anand, Advocate For the State :

Mr. S. D. Yadav, AAG-9 Mr. Braj Bhushan Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-05-2024 The present writ petition has been filed seeking the following relief:- "(1) For issuance of an appropriate writ/ writs, directing the respondents authorities to remove the encroachment from Govt. land

Patna High Court CWJC No.17526 of 2023(2) dt.14-05-2024 2/3 situated in village Bhuidharwa of Bhitaha Anchal bearing Khata No. 3 , khesra No. 907 of area 3 decimal, against which 'NOC' for construction of Aganbadi Centre has also been issued by Circle Officer Bhitaha vide letter No. 396 dated 08.06.2023.

(ii) For issuance of writ of mandamus, directing the authorities to construct the building for Aganbadi Centre no. 86 upon the land in question after removing encroachment."

2.

After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no.04, i.e. the Circle Officer, Bhitaha, West Champaran for redressal of his aforesaid grievances. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate petition is filed by the petitioner under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of two weeks from today, appropriate action, as is deemed fit and proper, in accordance with law and after hearing the affected parties, shall be taken

Patna High Court CWJC No.17526 of 2023(2) dt.14-05-2024 3/3 forthwith.

4.

Accordingly, the writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/- U