IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.5167 of 2005
Rameshwar Prasad, son of Late Bhagwat Prasad,
Permanent resident of village - Bhagwanpur, P.S. Baniapur
District - Saran
..... Petitioner
Versus
1. The State Of Bihar through Chief Secretary, Govt. of
Bihar, Patna
2. Collector, Saran, Chhapra
3. Sub-Divisional Officer, Chhapra, District Saran
4. Circle Officer, Baniapur Circle , District Saran
5. Dhanraj Kahar, son of Jaddu Kahar
6. Bhabhikhan Sah
7. Ramji Sah
Both sons of Tikar Sah, resident of village
Bhagwanpur, P.S. Baniapur, District Saran
.... Respondents
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For the Petitioner : Mr. Umesh Kumar Roy, Advcoate
For the State : Mr. Bibhakar Tiwary, AC to SC 21
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3 04.08.2011 Heard learned counsel for the petitioner and
the State.
Petitioner claims that respondent nos. 5 to 7
have encroached upon a public land which is a public
‘Rasta’ and petitioner along with others had made
representation before the respondents but no action
could be taken by them.
This writ application has been filed in the year
2005, however, no counter affidavit has been filed on
behalf of the State. In above view of the matter, this
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has to be disposed of in absence of the same.
In view of the fact that the petitioner has
moved before the respondent authorities, but it is
urged that no action has been taken by them, let him
file a proper petition under the Bihar Public Land
Encroachment Act, 1956 before the competent
authority along with a copy of this order. If such
petition is filed then the authority concerned shall
proceed in accordance with law and after considering
the matter on merit and after giving opportunity of
hearing to all the parties concerned including the
respondent nos. 5 to 7 and pass final order within six
months thereafter. This disposes of the writ petition.
However, it is made clear that this Court has
not formed any opinion with regard to merit of the
case of the petitioner.
Spd/- ( Dr. Ravi Ranjan, J.)