Jai Narayan Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2534 of 2019 ====================================================== Jai Narayan Jha Son of late Yogendra Jha Resident of Village- Boraj, Police Station- Hathaudi, Distt. Samastipur ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna

2. The District Magistrate-Cum-Collector, Samastipur

3. The Superintendent of Police, Samastipur

4. The Sub-Divisional Officer, Rosera, Samastipur.

5. The Sub-Divisional Police Officer, Rosera, Samastipur

6. The Circle Officer, Shivaji Nagar, Samastipur

7. The Station House Officer, Hathaudi Police Station, Samastipur

8. Durga Nand Jha Son of late Yogendra Jha Resident of Village- Boraj, P.S. Hathaudi, Distt- Samastipur

9. Mukesh Jha Son of Durga Nand Jha Resident of Village- Boraj, P.S. Hathaudi, Distt- Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Respondent/s :

Mr.Subash Chandra Yadav (GP15) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 Heard the parties.

In the present writ application, the petitioner has prayed for issuance of a writ in the nature of mandamus commanding the respondent authority to remove the encroachment over the public land having its Khata No.141 (old)/295 (new), Khesra No.658 (old)/1262 (new) situated at Mauza Boraj, Thana No.15. Earlier also an encroachment proceeding was initiated for removing the encroachers from the public land in question, which is evident from Annexures 1 and 2 to the present application. After removal of encroachment from the public

Patna High Court CWJC No.2534 of 2019(2) dt.15-02-2019 2/2 land, again the land in question has been encroached by the Respondent Nos.8 and 9.

Considering the submissions made above on behalf of the petitioner, the petitioner is directed to file a fresh application before the Respondent No.2 i.e. The District Magistrate-cumCollector, Samastipur. The Respondent No.2 shall consider the case/application of the petitioner and pass an appropriate order in accordance with law within a period of four months from the date of filing of such application.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U