Kameshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.715 of 2023 ====================================================== Kameshwar Sahni Son of Late Sajjan Sahni Resident of Village-Gangaura, Police Station-Chakmehsi, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Samastipur. 2.

The Superintendent of Police, Samastipur.

3.

The Sub-Divisional Officer, Samastipur.

4.

The Circle Officer, Kalyanpur, Samastipur.

5.

The Block Development Officer, Kalyanpur Block, District-Samastipur. 6.

Brahamdeo Rai Son of Late Ram Chandra Rai Resident of Village-Gangaura Damni, Police Station-Chakmehsi, District-Samastipur. 7.

Chandeshwar Yadav Son of Late Chetu Rai Resident of Village-Gangaura Damni, Police Station-Chakmehsi, District-Samastipur. 8.

Nageshwar Yadav Son of Late Chetu Rai Resident of Village-Gangaura Damni, Police Station-Chakmehsi, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Thakur, Adv.

For the Respondent/s :

Mr.Md. Khurshid Alam ( AAG- 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-10-2024

1. Though the present writ petition has been filed for removal of encroachment from the public land, appertaining to Khata No.198, Khesra No.71, admeasuring 1.54 decimal, situated at Thana No.01, P.S. Chakmehsi, District-Samastipur, however, the learned counsel for the respondent-State has submitted, by referring to the counter affidavit filed in the present case that the encroachment in question has already stood removed on 27.09.2023, nonetheless the same is controverted by the petitioner, as is apparent from the rejoinder affidavit filed

Patna High Court CWJC No.715 of 2023(4) dt.08-10-2024 2/2 in the present case.

2. Having regard to the submissions made by the parties, this Court deems it fit and proper to direct the District Magistrate, Samastipur, to inquire into the matter and in case it is found that the encroachment in question has not stood removed, he shall take steps for removal of the encroachment in question, within a period of six weeks from today, by taking recourse to the due process of law.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U