Petitioners sought writ directions to remove encroachment from public land. The Court held removal must be sought via complaint under the Bihar Public Land Encroachment Act, 1956, from the Circle Officer. The writ petition was disposed.
Petitioner directed to approach Circle Officer, Nanpur, under Bihar Public Land Encroachment Act, 1956.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6580 of 2017
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... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Devendra Kumar For the Respondent/s : Mr.Rishi Raj Sinha,SC-19
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
on the respondents State authorities to remove the encroachment from the public road situated in village-Majhaur, AnchalNanpur, District-Sitamarhi appertaining to Khata No. 365, Plot No. 1313 measuring an area of 0.29 decimal under Tauzi No. 1699.
This Court is of the view that for the purposes of
Patna High Court CWJC No.6580 of 2017(3) dt.29-08-2019 2/2
removal of encroachment from the public road/land, the petitioner is required to approach the Circle Officer, Nanpur, District-Sitamarhi under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the ‘Act, 1956’).
Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the Circle Officer, Nanpur, District-Sitamarhi by filing appropriate complaint under the provisions of Act, 1956, whereupon the said Circle Officer shall take cognizance of the same, if maintainable, and pass appropriate orders in accordance with the provisions of the Act, 1956.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
S.Sb/-
U
1 issue framed by the court
Whether removal of encroachment from public land is within the writ court's jurisdiction.
1 provisions across 1 enactments
Rajesh Raj S/o late Kameshwar Thakur
Pankaj Kumar Son of Parmeshwar Thakur
Navin Kumar Son of Parmeshwar Thakur
The State of Bihar
The Addl. Collector, Sitamarhi
The Deputy Collector Land Reform Pupri, Sitamarhi
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
