IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.4975 of 2010
Shubh Narayan Yadav
Versus
The State Of Bihar & Ors
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02. 08.07.2011 Mr. Sanjay Kumar Pandey No. 5 for the petitioner
and Dinkar Kumar, assisting counsel to G.P. 25 for the State are
present.
The writ petition has been filed seeking command
to the respondent no. 6 for removal of encroachment made on a
public road bearing khata no. 27, plot no. 45 situated in the
village-Durga Chak in the District of Gopalganj.
Learned counsel with the aid of map placed at
Annexure-2, submits that plot no. 45 was in the nature of public
way and being used by the petitioner and the like for ingress and
egress from their plot. He submits that the nature of the land is
sought to be changed by the erstwhile Mukhiya of Gram
Panchayat Raj Magahiya, block Panchadeori in the district of
Gopalganj who wanted to construct an Anganbari Centre on the
said plot and thus completely blocking passage from the plot of
the petitioner in question. It is the settled position in law that the
nature of land cannot be changed without following the due
process of law.
The petitioner alleging encroachment on the public
land by the Mukhiya for the purpose of establishment of an
Anganbari Centre has an efficacious remedy under the
provisions of the Bihar Public Land Encroachment Act and thus
2
would be at liberty to question the exercise by filing an
appropriate application before the appropriate authority under
the provision of Bihar Public Land Encroachment Act.
Any such application filed on behalf of the
petitioner shall be considered and disposed of by the statutory
authority under the Act after due opportunity of hearing to the
petitioner and the affected parties.
With the aforesaid observation, the writ petition
stands disposed of.
(Jyoti Saran, J.)
S.Sb/-