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Patna High CourtCWJC/2955/2024disposed

Pramod Singh v. The State Of Bihar

2024-05-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2955 of 2024 ====================================================== Pramod Singh son of Ram Babu Singh, Resident of village- Khanpur, Police Station- Didarganj, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Collector, Patna. 2.

The Collector, Patna.

3.

The Deputy Collector Land Reforms, Patna City, Patna. 4.

The Circle Officer, Patna Sadar, Patna.

5.

Nago Singh @ Nagendra Singh son of Ramdeo Singh. resident of villageKhanpur, Post-Kothiya, Police Station-Didarganj, District-Patna. 6.

Sumit Singh @ Sintu Singh son of Nago Singh @ Nagendra Singh. resident of village-Khanpur, Post-Kothiya, Police Station-Didarganj, District-Patna. 7.

Satish Prasad son of Ravindra Singh. resident of village-Khanpur, PostKothiya, Police Station-Didarganj, District-Patna. 8.

Dharambir Singh son of Shailendra Singh. resident of village-Khanpur, PostKothiya, Police Station-Didarganj, District-Patna. 9.

Omkar Singh son of Late Ram Das Singh. resident of village-Khanpur, PostKothiya, Police Station-Didarganj, District-Patna. 10.

Vijay Singh son of Omkar Singh. resident of village-Khanpur, Post-Kothiya, Police Station-Didarganj, District-Patna.

11.

Sudhir Singh son of Omkar Singh. resident of village-Khanpur, PostKothiya, Police Station-Didarganj, District-Patna. 12.

Randhir Singh son of Omkar Singh. resident of village-Khanpur, PostKothiya, Police Station-Didarganj, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Pandey, Advocate For the Respondent/s :

Mr.Sunil Kr. Mandal, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application with humble prayer for issuance of an appropriate writ, order or direction to the Respondent 1" Set for

Patna High Court CWJC No.2955 of 2024(2) dt.06-05-2024 2/3 implementation of the order dated 13.12.2022 passed by Sub-Divisional Officer, Patna City passed in Misc. Case No.197 of 2017 through which in the back ground of order dated 29.11.2014 passed in Encroachment Case No.03 of 2014-15 passed by Circle Officer, Patna Sadar, the Sub- Divisional Officer, Patna City directed for removal of encroachment made by the Respondent 2nd Set. from the land of Mauza-Sonawa, P.S.No.32, Khata No.76, Plot No.51 area 54 decimal."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, Patna to ensure enforcement of the order dated 29.11.2014, passed by the Circle Officer, Patna Sadar in Encroachment Case No.03 of 2014-15, as also the order dated 13.12.2022, passed by the Sub-Divisional Officer, Patna Sadar, within a stipulated time frame.

3. Per contra, the learned counsel for the respondentState submits that in case there is no other legal impediment, the aforesaid orders shall definitely be enforced, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, Patna to ensure enforcement of the aforesaid orders dated 29.11.2014 and 13.12.2022, respectively, in accordance with

Patna High Court CWJC No.2955 of 2024(2) dt.06-05-2024 3/3 law and in case there is no other legal impediment, within a period of eight weeks of receipt/production of a copy of this order.

5. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U