Birval Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24601 of 2019 ====================================================== Birval Shahi Son of Hari Shankar Shahi, Resident of Village-Devapura, Anchal and P.S. Ekma, District-Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of BIhar, Patna. 2.

The Principal Secretary, Land Reforms, Government of Bihar, Patna. 3.

The District Collector, Saran at Chapra.

4.

The Deputy Collector, land Reforms, Chapra Sadar, Saran at Chapra. 5.

The Anchal Adhikari, Anchal Ekma, District Saran at Chapra. 6.

Dinanath Shahi, Son of Late Lalan Sahi. Resident of Village-Devapura, Anchal and P.S. Ekma, District Saran at Chapra. 7.

Chhotelal Shahi Son of Late Bachcha Shahi Resident of Village-Devapura, Anchal and P.S. Ekma, District Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhileshwar Pandey For the State :

Mr. Sangha Mitra Ghosh, A.C. to G.P.15 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 10-12-2019 Heard learned counsel for the parties.

2. The petitioner alleged that a public land appertaining to Plot No. 1776, Thana No. 2, Mauza Devapura, Distt. Saran at Chapra, is Gairmazarua Aam land has been unauthorizedly encroached upon by the private respondents No. 6 and 7. It is the petitioner's case that he approached the Circle Officer, Ekma, by making an application on 16.11.2019, but nothing has been done.

3. The petitioner has remedy before the Circle Officer, under Bihar Public Land Encroachment Act, 1956. He may file an

Patna High Court CWJC No.24601 of 2019 dt.10-12-2019 2/2 application under the aforesaid Act before the Collector, within the meaning of the said Act. An appropriate action will have to be taken by the concerned authorities, in accordance with law, after giving concerned parties, a reasonable opportunity of hearing/representation, if an application is filed under Section 3 of the Act.

4. This writ application is, accordingly, disposed of.

5. The petitioner shall be at liberty to bring to the notice of the Circle Officer the present the order of this Court, with a fresh representation/application.

(Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR CAV DATE N.A.

Uploading Date 12/12/2019 Transmission Date N.A.