Mamta Kumari And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24636 of 2018 ======================================================

1. Mamta Kumari Wief of Sunil Kumar singh, Resident of Village -Tetaria, P.S. Balbadda, District- Godda, at present residing at Rajoun, District- Banka.

2. Sanjeev Kumar Son of Nishikant Singh, Resident of Village- Tilakpur, P.S. District-Banka.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms,, Govt. Of Bihar,Patna.

2. The Principal Secretary, Revenue and Reforms, Govt. of Bihar, Patna

3. The District Magistrate,/ Collector, Banka.

4. The Sub-divisional Officer, Banka.

5. The Circle Officer, Rajoun, District-Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Respondent/s :

Mr. Harish Kumar -Gp8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-01-2019 Heard the parties.

Following relief has been sought for in paragraph 1 of the present application on behalf of the petitioners: "That this writ application is being filed for issuance of a writ in the nature of mandamus for direction to respondents to consider the case of the petitioners for removing encroachment bearing Khata No. 72, Khesra No. 81 running in the name of the government, which is main road, same has been encroached by the encroachers in the result, rasta of the petitioner have been closed and further issue direction to respondents to remove the encroachment which has been encroached in front of the house

Patna High Court CWJC No.24636 of 2018(2) dt.07-01-2019 2/2 of the petitioners and further give other legal consequential benefit to the petitioners."

The petitioners have filed representations (Annexure-1 series) before the District Magistrate, Banka (respondent no. 3) and the Circle Officer, Rajoun, Banka (respondent no. 5) for removal of the encroachment made on the public land. The said representations are still pending. No action has been taken on the part of respondent no. 5 or respondent no. 3. The respondent no. 5 (the Circle Officer, Rajoun, DistrictBanka) is directed to dispose of the representation of the petitioners within a period of three months from the date of receipt/production of a copy of this order in accordance with the provisions of the Bihar Public Land Encroachment Act. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U