IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23665 of 2018

======================================================

Shivnath Rai S/o Late Ram bahadur Rai R/o of Ganichak Bans Ke,

Baikathpur, P.S-Khushrupur- Dist-Patna

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Home,

Bihar, Patna.

2.

The Principal Secretary, Department of Home, Bihar, Patna

3.

The District Magistrate, Patna.

4.

The Sub-Divisional Officer, Patna City,

5.

The Circle Oficer, Khushrupur Block, District Patna

6.

The S.H.O., Khushrupur Block, District-Patna,

7.

Swarath Paswan, Son of late Fagu Paswan, Son of Late Fagu Paswan

8.

Shivji Paswan, Son of late Fagu Paswan, Son of Late Fagu Paswan

9.

Upendra Prasad, Son of Batto Paswan, Respondent No.7 to 9 are resident of

Mosimpur, Bans ke Tal Ch Son of Batto Paswan, Respondent No.7 to 9 are

resident of Mosimpur, Bans ke Tal Chauraha, P.S - Khushrupur, District-

Patna.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Raj Kumar, Advocate

For the Respondent/s

:

Mr.Bishwa Bibhuti Kumar Singh,AC to AG

======================================================

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

2

13-09-2022

The present writ petition has been filed seeking the

following reliefs:-

“I. For direction to State Respondent to remove the

encroachment of the land which is Aam Rasta

belongs to P.W.D. situated under Thana No. 135,

Mauza – Baikatpur, Government Land Southern side

of old N.H. 30, which has been encroached by the

respondents No. 7 to 9 by constructing/stairs etc

over the land of Aam Rasta as mentioned above.

Patna High Court CWJC No.23665 of 2018(2) dt.13-09-2022

2/2

II. For further to direct the State Respondents to take

legal action against the encroacher who are

respondent No. 7 to 9 have illegally encroached the

Aam Rasta.”

At the outset, the learned counsel for the petitioner

seeks liberty on behalf of the petitioner to approach the Circle

Officer, Khushrupur, District-Patna 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, Khushrupur, District-Patna 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.

S.Sb/Sonal-

(Mohit Kumar Shah, J)

U