Md. Noroolain @ Bachcha Master v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2025 of 2021 ====================================================== Md. Noroolain @ Bachcha Master, son of Late Md Tarif, R/o Village- Kutub Chapra, P.S.- Baraharia, Dist.- Siwan, at present residing at Vill- Kamanpura Shahpur Anchal Manjha, District- Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Collector, Gopalganj. 2.

The District Collector, cum 2nd Appellate Authority, Gopalganj. 3.

The Sub Divisional Officer, Gopalganj.

4.

The Addl. Collector Gopalganj cum First Appellate Authority, Gopalganj. 5.

The Circle Officer, Manjhagarh.

6.

Nurul Haque S/o Sheikh Nathu resident of Village Kamanpura Shahpur, P.S. Manjhagarh, District- Gopalganj.

7.

Anwarul Haque S/o Sheikh Nathu resident of Village Kamanpura Shahpur, P.S. Manjhagarh, District- Gopalganj.

8.

Zafar Imam S/o Nurul Haque resident of Village Kamanpura Shahpur, P.S. Manjhagarh, District- Gopalganj.

9.

Chotu Miya S/o Nurul Haque resident of Village Kamanpura Shahpur, P.S. Manjhagarh, District- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Yadav, Advocate For the Respondent/s :

Mr.Sajid Salim Khan, S.C.-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-02-2021 The complaint of the petitioner is that the District Magistrate has not taken steps to bring the Land Encroachment Case No.68 of 2018-19 to its logical conclusion by removing the encroachment on the public lands by Respondent Nos.6 to 9. When the matter was last taken up on 03.02.2021, this Court had directed that up-to-date instructions be taken with respect to the land encroachment case and the reason for its

Patna High Court CWJC No.2025 of 2021(3) dt.10-02-2021 2/2 inordinate delay.

Mr. Sajid Salim Khan, learned State Counsel submits that he has telephonic instructions from the District Magistrate that an order of injunction has been passed on 10.12.2019 with respect to the lands in question in Title Suit No.332 of 2019 by a court of Munsif, Gopalganj.

The counsel for the petitioner submits that he does not know whether he has been impleaded as a party in the said proceedings or not and that he would be availing his remedies in accordance with law in the title suit, referred to by the State Counsel.

Without expressing any opinion on the merits of the petitioner's claim, the writ application is disposed of with liberty to the petitioner to take steps in accordance with law. (Madhuresh Prasad, J) PNM U