Ashok Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14588 of 2017 ====================================================== Ashok Chaudhary, S/o Upendra Chaudhary, Resident of Village-Sari, P.S.- Varisnagar, District-Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Smastipur.

3. The Circle Officer, Warisnagar, District-Samastipur, .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Respondent/s : Mr. Md. Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 26-02-2018 Inter alia contending that there is encroachment in the area, in question, and in spite of repeated objections being raised and representations filed, no action is being taken, this writ petition has been filed under the Public Interest Litigation under Article 226 of the Constitution of India.

Keeping in view the grievance of the petitioner, for the present without entering into the controversy, it is directed that if the petitioner files a certified copy of this order along with the detailed representation pointing out the encroachment before respondent no.3, the respondent no.3 shall register a an encroachment proceeding, under Bihar Public Land Encroachment Act and proceed to remove the encroachment in accordance with

Patna High Court CWJC No.14588 of 2017 (2) dt.26-02-2018 2/2 law after hearing all concerned, preferably within a period of six months.

With the aforesaid, the writ petition stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U