Disposed

Ashok Prasad v. The State Of Bihar and Ors.

Patna HC1 Aug 2023CWJC/25013/2018

Case brief

AI extract

What is this about?

Petition against encroachment on gairmazarua land by respondent's hut; writ petition disposed with liberty to file petition before Circle Officer under Bihar Public Land Encroachment Act, 1956, to be considered in accordance with law and orders passed forthwith.

What did the court decide?

Liberty granted to approach Circle Officer; any petition filed within four weeks to be considered in accordance with law and orders passed forthwith.

Ashok Prasad Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25013 of 2018

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Ashok Prasad S/o Chandi Mahto, R/o Bagahi Bhaghambarpur, P.S. Shri Nagar Pujaha, District West Champaran

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Collector, West Champaran, Bettiah

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The Sub Divisonal Officer, Bettiah, West Champaran

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The Circle Officer, Chanpatia, Bairiya, West Champaran

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Ram Swarup Prasa S/o Late Puran Mahto R/o Village Bagahi Baghambarpur, P.S. Shri Nagar Pujaha, District West Champaran

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava, Advocate For the Respondent/s : Mr.Raj Kishore Roy- Gp18

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 01-08-2023 1. The present writ petition has been filed seeking the

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following relief:-

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"That this writ petition is being filed for issuance of a direction/ order or an appropriate writ for directing the respondent authorities namely respondent nos. 2 to 4 to remove the illegal encroachment of way (Rasta) adjacent to to purchased land of the petitioner which is gairmazarua land and the said was encroached by respondent no.5 by constructing phus hut at Mauza Patjirwa adjacent to petitioner’s purchased land baring Khata No.1289 Plot No.2717."

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Patna High Court CWJC No.25013 of 2018(3) dt.01-08-2023 2/2

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At the outset, learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Chanpatia, Bairiya, District-West Champaran for redressal of his aforesaid grievances. Liberty so sought is granted.

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It is needless to state that in case, the petitioner approaches the Circle Officer, Chanpatia, Bairiya, District-West Champaran 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.

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The present writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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kanchan/-

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Ashok Prasad v. The State Of Bihar and Ors.

Case brief

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Ashok Prasad v. The State Of Bihar and Ors.

Case brief

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