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Judgment
The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner has prayed for following relief:-
“This is an application in the form of public interest litigation praying for issuance of a writ in the nature of writ of mandamus or any other appropriate writ, order or direction commanding the respondents to remove the encroachment made by the respondent no. 8 over the land pertaining to Khata No. 406 Plot No. 897 in Patel Nagar Bhainsasur, P.S. Laheri, Thana No. 122, District- Nalanda which are Gair Mazarua Aam Party land which is used as public road.”
This writ petition has been filed for removal of encroachment on public road by respondent no. 8 in which counter affidavit has been filed on behalf of Circle Officer, stating therein that Encroachment Case No. 3/2010-11 was initiated by the Circle Officer and encroachment was removed from the public land appertaining to khata no. 406, plot no. 897, area 25 decimals situated at Mohalla Patel Nagar, Biharsharif, Nalanda recorded in the khatiyan as Gair Mazarua Aam Parti Kadim which is being used as public road. Subsequently, again encroachment was made over said land for which encroachment case no. 7/2015-16 has been initiated and a proposal has been submitted before the Additional Collector, Nalanda for cancellation of Jamabandi No. 440 created in favour of Most. Sudamo Kunwar w/o Rit Lal Mahto @ Nathun Mahto and proceeding has been initiated for cancellation of Jamabandi being Jamabandi Cancellation Case No. 01/2017.
The writ petition is disposed of with liberty to petitioner to file a detail representation before the District Magistrate, Nalanda, Biharsharif and the District Magistrate, Nalanda shall take necessary steps to ensure that public road/land remains encroachment free.