This oral order disposed of a writ petition seeking relief for removal of encroachment from a public canal. The court granted liberty to the petitioner to approach the Circle Officer to take action under the Bihar Public Land Encroachment Act, 1956.
Liberty to approach the Circle Officer, Belaganj Block, under the Bihar Public Land Encroachment Act, 1956.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.947 of 2021
======================================================
Mirtunjay Singh Son of Shiv Mangal Singh Resident of Mohalla- Maharana Pratap Nagar, New Area, P.S.- Aurangabad, District- Aurangabad. Or/ And, residence of Village- Daulatpur, Post- Samaspur, P.S.- Bela, District- Gaya.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Amit Anand, Advocate For the Respondent/s : Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The present writ petition has been filed seeking the
following reliefs :-
“(I) To issue an appropriate writ or direction commanding the respondents authorities to remove the encroachment from public Canal (aahar).
(II) that appropriate writ and direction may also be issued commanding the respondents authorities to desilt and clean the canal after removal of encroachment for conjunction of irrigation water.”
At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to approach the Circle
Patna High Court CWJC No.947 of 2021(2) dt.22-07-2022 2/2
Officer, Belaganj Block, Gaya i.e. the respondent no. 5, for taking appropriate action under the provisions of the Bihar Public Land Encroachment Act, 1956 .
Accordingly, the present writ petition stands disposed off with liberty to the petitioner to approach the respondent no. 5 and in case, appropriate petition is filed by the petitioner as per the provisions contained in Bihar Public Land Encroachment Act , 1956, within a period of four weeks from today, the respondent no. 5 shall examine the same and pass necessary orders, in accordance with law after hearing the affected parties, within a period of 12 weeks, thereafter.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
rinkee/-
U
1 issue framed by the court
Whether to dispose of a writ petition seeking removal of encroachment from a public canal and direction for desilting.
1 provisions across 1 enactments
Mirtunjay Singh
The State of Bihar through the Principal Secretary, Revenue and Land Reforms Government of Bihar, Patna
The District Magistrate, Gaya
The Additional Collector, Land Reform, Gaya
The Sub- Divisional Officer, Gaya
The Circle Officer, Belaganj Block, Gaya
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
