Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18475 of 2023 ====================================================== Gopal Sah son of Late Haricharan Sah, resident of village Sarmastpur, P.S.- Mahnar District- Vaishali ... ... Petitioner/s

Versus

1.

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

The Collector cum District Magistrate Vaishali 3.

The Sub Divisional Officer Mahnar Vaishali 4.

The Deputy Reforms Deputy Collector Mahnar, Vaishali 5.

The Anchal Adhikari Mahnar- Vaishali 6.

Nirmala Devi wife of Bachan Sharma, resident of village - P.S.- Samastpur District- Vaishali, Pin Code 844501.

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Adv.

For the Respondent/s :

Mr.U.SS. Singh, GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ application is being filed for issuance of the appropriate writ, order or direction for directing the Respondents specially the Respondent No. 5 the Anchal Adhikari, Mahnar for removal of encroachment from the land of Khata No. 1023 Khesra No. 1362 having an area of 4 decimals which is recorded as Gairmajarua Bihar Sarkar in revisional Survey Khatian having an area of 8 decimals situated in village Sarmastpur Thana No. 603 in the District of

Patna High Court CWJC No.18475 of 2023(2) dt.21-06-2024 2/2 Vaishali over which a main public road is situated leaving from Jandaha to Patori and besides the road schools Hospital Bank, Public School etc is situated which has been encroached by the Private Respondent no. 6 Nirmala Devi by putting Marai on the same has obstructed the Public road without any authority of law and despite several applications before the Respondents' nothing has been done till today and no encroachment has been removed and the people is facing trouble in passing through the aforesaid road and as such the action of the Respondent is not sustainable in law and thus vitiated."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Mahnar, District-Vaishali, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956. Liberty so sought is granted.

3. Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U