Uday Shekhar Maitra And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8699 of 2018 ======================================================

1. Uday Shekhar Maitra

2. Dipankar Maitra Both Sons of late Sudhanshu Shekar Maitra Resident of 462, Suryanagar(Dev Gram), P.S. Silliguri Sadar, District Darjeeling(West Bengal).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector Cum District Magistrate, Kishanganj.

3. The Sub-Divisional officer, Kishanganj.

4. The Deputy Collector Land Reforms, Kishanganj.

5. The Circle Officer, Thakurganj, District- Kishanganj.

6. Sudhanshu Baidya, Son of late Kalachand Baidya Resident of Village and P.S. thakurganj, District Kishanganj.

7. Dipak Sarkar, Son of late Dinesh Chandra Sarkar

8. Sapna Sarkar, daughter of late Dinesh chandra Sarkar, Sl. No. 7 and 8 are resident of Club Field , Thakurganj, P.S. Thakurganj, District- Kishanganj.

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Adv.

For the Respondent/s :

Ms. Sanghmitra Ghosh, AC to -GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 18-06-2018 Heard learned counsel for the petitioners and the Respondent-State.

In view of the nature of order this Court intends to pass, it does not require issuance of notice to private

Patna High Court CWJC No.8699 of 2018 dt.18-06-2018 2/3 Respondent nos. 6 to 8.

The present writ application has been filed for a direction to the Respondent authorities to get the encroachment made by Respondent nos. 6 to 8 removed from the land appertaining to Plot No.4725, measuring an area of 9 decimal, Khata No.33 and Plot No.4726, measuring an area of 27 decimal, Khata No.335, situated in Mauza-Kanakpur, CircleThakurganj, District-Kishanganj. However, learned counsel for the petitioners confines his prayer only to the extent of disposal of representation submitted before the Respondent no.4, the DCLR, Kishanganj, on 16.01.2018, as contained in Annexure-3 for implementation of the order passed by the SDO, Kishanganj in Appeal Case No.26 of 2010, whereby, the order dated 12.06.2003 passed by the Circle Officer, Thakurganj, in Case No.21 of 2003-04 under Section 48D of the B.T. Act has been set aside.

In view of the confined prayer made by learned counsel for the petitioner, it is expected from the Respondent no.4, the DCLR, Kishanganj, to dispose of the representation of the petitioner dated 16.01.2018, as contained in Annexure-3 within a period of six weeks on receipt/production of a copy of this order.

Patna High Court CWJC No.8699 of 2018 dt.18-06-2018 3/3 It is made clear that this Court has not expressed any opinion on the merits of the case.

Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date