Shambhu Sharan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25584 of 2019 ====================================================== Shambhu Sharan Das, Son of Late Ram Narayan Ray, Resident of VillageOjha Tola, Police Station-Kotwa, District-East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate Cum Collector, East Champaran. 3.

The Sub Divisional Magistrate, Motihari Sadar, East Champaran. 4.

The Circle Officer, Block Kotwa, District-East Champaran. 5.

Rameshwar Sharma, Son of Late Rudal Rai, Resident of Village-Ojha Tola, Police Station-Kotwa, District-East Champaran. 6.

Phuldeo Sharma, Son of Ramnath Sharma, Resident of Village-Ojha Tola, Police Station-Kotwa, District-East Champaran. 7.

Ram Sewak Son of Ramnath Sharma Resident of Village-Ojha Tola, Police Station-Kotwa, District-East Champaran.

8.

Lal Bahadur Sharma Son of Sugriv Sharma Resident of Village-Ojha Tola, Police Station-Kotwa, District-East Champaran. 9.

Jang Bahadur Sharma Son of Sugriv Sharma Resident of Village-Ojha Tola, Police Station-Kotwa, District-East Champaran. 10.

Narendra Sharma Son of Rameshwar Sharma, Resident of Village-Ojha Tola, Police Station-Kotwa, District-East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Respondent/s :

Mr.Md. Khursid Alam ( Aag12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2019 Heard learned counsel for the parties.

2. The petitioner is seeking removal of encroachment from a piece of land described in paragraph-1 of the application. Whether the land in question is a public land or not, is a question, which can be gone into by the authorities, either under

Patna High Court CWJC No.25584 of 2019(2) dt.20-12-2019 2/2 Bihar Public Land Encroachment Act, 1956, or under other relevant provisions of law.

3. The petitioner shall be at liberty to approach the Grievance Redressal Officer under Public Grievance Redressal Act, raising the plea that the land in question, which is a public land, has been encroached upon by the private persons. If any application is made under the Act, the same shall be disposed of by the competent authority within the period prescribed under the Act.

4. This writ application is, accordingly disposed of with aforesaid observation.

(Chakradhari Sharan Singh, J) S.Ali/- U