Patna High CourtCWJC/7849/2017disposed

Siya Devi v. The State Of Bihar And ORS

2017-06-22The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7849 of 2017 =========================================================== Siya Devi, W/o Sri Sanjay Kumar, R/o Village- Bankipur Gorakh, P.S.- Fatuha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Collector Patna.

2. The Additional Collector, Patna.

3. The Sub Divisional Officer, Patna City.

4. The Circle Officer, Fatuha.

5. Vijay Sahni,

6. Rajesh Sahni, Both son of Late Dayanand Sahni, R/o Sammaspur, Fatuha, District- Patna.

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

For the Petitioner/s :

For the Respondent/s :

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 22-06-2017 Taking note of the fact that the competent authority, namely, Circle Officer, Fatuha (Patna) is already seized of the matter, as is evident from Annexure-13 available at page 26, and has issued notice to the private respondents for removal of encroachment, for the present, in view of the aforesaid, no mandamus is required to be issued in the matter. Interest of justice would be made in case the competent authority, namely, Respondent No. 4 who is seized of the matter is directed to proceed in accordance with law, hear all concerned and decide the issue pending before him for encroachment

Patna High Court CWJC No.7849 of 2017 dt.22-06-2017 2/2 in accordance to law within a period of three months from the date of filing of certified copy of this order. Needless to emphasize that this Court has not expressed any opinion on the merits of the allegations made in the writ petition and it is exclusively for the competent statutory authority to deal with the matter in accordance with law. With the aforesaid, the matter stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) P.K.P.

AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 28.06.2017 Transmission Date