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Patna High CourtCWJC/2141/2019disposed

Shivjee Sah v. The State Of Bihar And ORS

2019-02-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2141 of 2019 ====================================================== Shivjee Sah S/o- Late Faujdar Sah R/o- Village- Baji Bujurg,P.S.-Sakra, DistMuzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar through The Principal Secretary, Department of Revenue and Land reforms, BIhar, Patna

2. The District Magistrate Muzaffarpur

3. The Circle Officer Sakra, Muzaffarpur

4. The Circle in Charge Sakra, P.S.- District Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradhan Murli Manohar Prasad Mr. Raju Kumar Goswami For the Respondent/s :

Mrs Prerna Anand, A.C. to G.P.-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-02-2019 Heard the parties.

Following reliefs have been sought for in paragraph 1(i) and (ii) of the present application on behalf of the petitioner: "1(i) To remove the encroachment from the Hat situated at village Raghunathpur, P.S.- Sakra, anchal- Sakra, District- Muzaffarpur which has been settled on 06.04.2018 in favour of the petitioner for the year 2018-19 at the tune of Rs. 88,489/- upon which illegal construction of hut type shop made by the unauthorised persons.

(ii) To direct the respondent No. 3 to take legal action against the unauthorised person who encroach on the land of Hat illegally."

The settlement of the hat in question was made by the State respondent in favour of the petitioner for the period 2018-19. At the said hat, some illegal constructions are being made by the private persons. The land of the hat in question belongs to the

Patna High Court CWJC No.2141 of 2019(2) dt.06-02-2019 2/2 State Government.

The petitioner is directed to file a representation before Respondent no. 2 (the District Magistrate, Muzaffarpur) within a period of 30 days from today. The Respondent No. 2 shall consider the representation of the petitioner and pass an appropriate order in accordance with law within a period of three months from the date of filing of such representation after giving opportunities to all the concerned parties. With the aforesaid observation/direction, the present writ application stands disposed of.

(Sudhir Singh, J) Pankaj/- U