IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3131 of 2008 ====================================================== Hari Lal Sah, son of Late Shiv Mangal Sah, Resident of village Badi Dhanesh, P.O. Repura, Police Station Mirganj, O.P. Hathua, District Gopalganj .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Circle Officer, Hathua, Gopalganj 3. The Sub Divisional Officer, Hathua, Gopalganj 4. The District Magistrate –cum- Collector, Gopalganj .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Siddharth Shankar Pandey Mr. Dhananjay Kr.Shahi For the Respondent/s : Mr. (Sc10) ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 3 20-10-2011 The petitioner is aggrieved by the fact that one Ram Chandra Choudhary has encroached upon Plot No. 59, Khata No, 122, area 3 kathas of Gair Mazarua Aam land by placing Nads and palani on the said lands. The said Ram Chandra Choudhary had filed Title Suit No. 262 of 1999 for declaring his title over the lands in question. The suit failed and thereafter, he filed an appeal, which was also dismissed by the Sessions Judge, Gopalganj. Thereafter, the Circle Inspectors, Circle Officer came to the conclusion that Ram Chandra Choudhary was encroaching upon the public land, which is opposite to the house of the petitioner and thereby Patna High Court CWJC No.3131 of 2008 (3) dt.20-10-2011 2 / 2 2 blocking the ingress and egress of his house. After the order of the Civil Court, the State Authorities removed the encroachment. Again, Ram Chandra Choudhary has encroached upon the lands in question. The Circle Officer, Hathua, Gopalganj is directed to issue notice to Ram Chandra Choudhary and after giving an opportunity, remove the encroachment over the public land in accordance with law within a period of three months from the date of valid service of notice on Ram Chandra Choudhary. This writ application is disposed of with the aforesaid observations and directions. Prabhakar Anand/- (Sheema Ali Khan, J)