High Court Patna High Court - Orders

Rameshwar Prasad vs The State Of Bihar & Ors on 4 August, 2011

Patna High Court – Orders
Rameshwar Prasad vs The State Of Bihar & Ors on 4 August, 2011
                    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
                                   ----------------------------------

For the Petitioner : Mr. Umesh Kumar Roy, Advcoate
For the State : Mr. Bibhakar Tiwary, AC to SC 21

—–

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
2

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.)