The High Court of Patna disposed of a writ petition seeking removal of encroachment from public land. It held the petitioner must approach the Circle Officer under the Bihar Public Land Encroachment Act, 1956.
Writ petition disposed; liberty granted to approach Circle Officer, Lakari Naviganj under Bihar Public Land Encroachment Act, 1956.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20118 of 2019
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Lakshuman Ram Son of Sheo Lochan Ram Resident of village Teliya, Kaparipur, P.S. Lakari Naviganj, District Swian.
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Kamala Kant Tiwary For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
respondent- State authorities to remove the encroachment made over the public raasta bearing khata no. 335, Survey no. 1360 having area 1-7-11 acres, recorded in Survey Khatiyan as District Board (Road) situated in village Mauja Kaparipur, PSBasantpur (Thana no. 344), Tauzi no. 1711 under District-
Patna High Court CWJC No.20118 of 2019(3) dt.14-11-2019 2/2
Siwan.
This Court is of the opinion that in case, the petitioner is seeking removal of encroachment from a public land, he is required to approach the concerned Circle Officer i.e. the Circle Officer, Lakari Naviganj, Dist-Siwan by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter to be referred to as “the Act, 1956”).
Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the Circle Officer, Lakari Naviganj, Dist-Siwan by filing appropriate complaints and in case, such a complaint is filed under the provisions of the Act, 1956, the said Circle Officer shall take appropriate action over the same in accordance with law, in case it is found that the said complaint is maintainable.
The present writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J)
rinkee/-
U
1 issue framed by the court
Whether a writ petition seeking removal of encroachment from public land is maintainable in this court.
1 provisions across 1 enactments
Lakshuman Ram
State of Bihar through the Principal Secretary, Revenue Department, Government of Bihar, Patna
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
