Maheshwar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18462 of 2023 ====================================================== Maheshwar Raut son of Late Ramanand Raut, resident of Village-Fatehpur, P.O. Dularpur Teghra, P.S. Teyai O.P., Bhagwanpur, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principle Secretary, Department of Land Reforms, Patna.

2.

The District Collector, Begusarai.

3.

The Sub Divisional Officer, Teghra at Begusarai. 4.

The Deputy Collector of Land Reform, Teghra at Begusarai. 5.

The Block Development Officer, Bhagwanpur at Begusarai. 6.

The Circle Officer Bhagwanpur at Begusarai.

7.

Mathura Prasad Rai, son of Late Kameshwar Rai, resident of Village Chakmala Ward No. 04, Panchayat Kaji Rasalpur, P.s. Teyay, O.P. Bhagwanpur, District Begusarai.

8.

Mukesh Rai, son of Late Krishna Kumar, resident of Village Chakmala Ward No. 04, Panchayat Kaji Rasalpur, P.s. Teyay, O.P. Bhagwanpur, District Begusarai.

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

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Respondent/s :

Mr.Standing Counsel 9 ====================================================== 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 this writ application is being filed for direction to the respondents concern to remove the encroachment on the public land situated at Mauja Chakalmu Gram Panchayat Raj Kaji Rasalpur consisting Thana No. 134 Tauji No.

3109, Khata No. 28, Kheshra No.56 total area one Ace 54 decimal which was encroached by the private respondent and despite several

Patna High Court CWJC No.18462 of 2023(2) dt.21-06-2024 2/2 letters having been filed before the respondents concern and prayer to initiate encroachment proceeding but the respondent No. 6 has not taken any action regarding the removal of the encroachment causing public disturbance peace and tranquility at the said land."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bhagwanpur, District-Begusarai, 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