Narayan Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21055 of 2018 ====================================================== Narayan Yadav, Son of Late Ramadhin Yadav, resident of Village- Balva, P.O.- Pipra Khurd, P.S + Block + District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Dept. Govt. of Bihar, Patna.

2.

The Director, the Land Acquisition and Rehabilitation Dept., Govt. of Bihar, Patna.

3.

The District Magistrate, Supaul.

4.

The Rehabilitation Officer, Supaul.

5.

The Circle Officer, Supaul.

6.

Jageshwar Yadav, 7.

8.

Nageshwar Yadav, Kameshwar Yadav Respondent nos. 6 to 8 sons of late Ramphal Yadav, resident of VillageKharail Malhad, Punarwa, Ward No.01, P.O.+ P.S + Block + DistrictSupaul. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Nath Yadav For the Respondent/s :

Mr. Vikash Kumar, SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the inaction on the part of the respondents in the matter of removal of encroachment. Learned counsel for the petitioner has drawn the attention of the Court to letter dated 27.08.2017 (Annexure-5) written to the Circle Officer, Supaul by the Rehabilitation Officer, Koshi Project, Supaul for removal of encroachment by registering a regular Encroachment case. He submits that

Patna High Court CWJC No.21055 of 2018(2) dt.30-04-2019 2/2 unfortunately till date the Circle Officer, Supaul has not registered a regular case for removal of encroachment and as a result of their reluctance the encroachment is till continuing. Considering the aforesaid, the writ application is disposed of with a direction to the Circle Officer, Supaul to register a regular case for removal encroachment. If the petitioner files an application for registration of regular case for removal of encroachment before the Circle Officer, Supaul, he shall notice the encroachers and after hearing the encroachers pass appropriate order for removal of encroachment in accordance with law.

Necessary order must be passed by the Circle Officer, Supaul within a maximum period of six months from the date of filing of such application along with a copy of this order. With the aforesaid this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U