Writ petition seeking removal of encroachment by demolition of a pakka building constructed by respondents. Court granted liberty to file a petition under Bihar Public Land Encroachment Act, 1956 within four weeks as alternative remedy.
Liberty to approach Circle Officer under Bihar Public Land Encroachment Act, 1956 within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6749 of 2022
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Birendra Kumar Ray, Son of Muni Lal Ray, Resident of Village-Chakmehsi Jadu, Ward No. 4, Police Station-Chakmehsi, District-Samastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Bijay Bhushan Prasad, Advocate For the Respondent/s : Mr.Raj Kishore Roy ( GP-18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 02-12-2022 The present writ petition has been filed seeking the
following relief :-
“1.That this is an application for issuance of writ in the nature of mandamus or any appropriate writ/writs, order/orders,
Patna High Court CWJC No.6749 of 2022(2) dt.02-12-2022 2/3
direction/directions to the respondents to remove the encroachment by demolishing the construction of pakka building situated over Govt. land appertaining to Khata No. 396 (old), Plot No. 1400 (old), which is flank of the road situated beside the road land appertaining to Khata No. 256 (Old) and Plot No. 1327 (Old) in Mauja – Ghograha, Thana No. 41 in Village – Yadu Chakmehsi (Uttrasadhi), under Kalyanpur block of Chakmehsi police station in Samastipur district which has been encroached by respondent no. 7 to 12 by constructing pakka building in the name of Shiv Mandir for their personal gain caused hindrance over free flow of public through the road and have also blocked the ingress and outgress of the petitioner to his plot, which is situated beside the road.”
At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Kalyanpur Block, Samastipur, 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, Kalyanpur Block, Samastipur, by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four
Patna High Court CWJC No.6749 of 2022(2) dt.02-12-2022 3/3
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/Saurav
U
1 provisions across 1 enactments
Birendra Kumar Ray
State of Bihar
District Magistrate, Samastipur
Superintendent of Police, Samastipur
Sub Divisional Officer, Samastipur
Suresh Sahni
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
