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Patna High CourtCWJC/6686/2017disposed

Asarfi Sah v. The State Of Bihar And ORS

2019-08-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6686 of 2017 ====================================================== Asarfi Sah son of Late Shiv Dayal Sah, resident of Village Garkha, Police Station Garkha, District- Saran at Chapra.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commissioner, Saran at Chapra.

3.

The District Magistrate, Saran at Chapra.

4.

The Sub-Divisional Officer, Saran at Chapra.

5.

The Circle Officer, Garkha Saran at Chapra.

6.

Lal Rai, son of Kuman Rai, resident of Village- Garkha, Police Station Garkha, District- Saran at Chapra.

7.

Jitendra Rai, son of Lal Rai, resident of Village- Garkha, Police Station Garkha, District- Saran at Chapra.

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

For the Petitioner/s :

Mr.Pramod Ban Bihari Singh For the Respondent/s :

Mr.Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2019 The present writ petition has been filed for removal of encroachment from the road stand from N.H. 102 to the house of one Baid Nath Sharma situated at Garkha, Saran at Chapra. The learned counsel for the respondent-State, referring to the counter affidavit, has submitted that already an encroachment proceeding bearing Encroachment Case No. 1 of 2018-19 has been initiated and the Circle Officer, Garkha, Saran at Chapra vide order dated 02.07.2018 has already directed the encroachers to remove the respective encroachment. Having regard to the facts and circumstances of the

Patna High Court CWJC No.6686 of 2017(2) dt.29-08-2019 2/2 case, the present writ petition stands disposed off with a direction to the respondent authorities to ensure removal of the aforesaid encroachment in question within a period of eight weeks from today, in case there is no other impediment or the aforesaid order of the Circle Officer, Garkha, Saran at Chapra dated 02.07.2018 has not been stated by any higher court of law. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U