The Patna High Court granted liberty to the petitioner to approach the Circle Officer under the Bihar Public Land Encroachment Act, 1956 to remove encroachment and nuisance, and then disposed of the writ petition.
Liberty granted to approach the Circle Officer under the Bihar Public Land Encroachment Act, 1956 within four weeks for redressal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21780 of 2018
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Ali Azam Son of Late Moinuddin, Resident of Goabari, Ward No.16, P.S.Bahadurganj, District-Kishanganj.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Rashid Izhar, Advocate For the Respondent/s : Mr.Rishi Raj Sinha Standing Counsel-19 Manoj Kr. Sinha, AC to SC-19
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 12-09-2022 The present writ petition has been filed seeking the following reliefs:-
“I. Issuance of writ or writs in the nature of Mandamus commanding the Respondents to remove the encroachment and nuisance from plot no. 286 of Khata No. 84 of Village- Goabari, Ward No. 16, Circle Office- Bahadurganj, District- Kishanganj wherein an illegal Khatal is established by Private Respondent No. 7 and in defiance of the civic law has caused nuisance to the small children of the Primary School of the village, Anganbari Kendra and the villagers in general.
II. For issuance of writ or writs of Mandamus commanding the Respondents to remove the nuisance of animal extracts causing health hazard and nuisance to the villagers, children of the school
Patna High Court CWJC No.21780 of 2018(2) dt.12-09-2022 2/3
and the ladies visiting Anganbari Kendra of VillageGoabari.
III. Issuance of such other direction or directions to the Respondents authorities to take appropriate punitive action against the Respondent No. 7 and get the locality of the village cleaned up from the unauthorised running of Cattle shed/ Khatal.”
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Bahadurganj, District-Kishanganj for redressal of his aforesaid grievance.
Liberty so sought is granted.
It is needless to state that in case the petitioner approaches the Circle Officer, Bahadurganj, District-Kishanganj by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
S.Sb/Sonal-
U
Patna High Court CWJC No.21780 of 2018(2) dt.12-09-2022 3/3
1 issue framed by the court
Whether the petitioner requires liberty to approach the Circle Officer under the Bihar Public Land Encroachment Act, 1956 for the redressal of encroachment grievances.
1 provisions across 1 enactments
Ali Azam
The State Of Bihar
The District Magistrate, Kishanganj
The Sub Divisional Officer, Kishanganj
The Circle Officer, Bahadurganj
The Executive Officer, Bahadurganj Nagar Panchayat
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
