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Patna High CourtCWJC/2374/2018disposed

Bishnudeo Mahto v. The Collector Cum District Magistrate, Samastipur And ORS

2018-03-20Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2374 of 2018 ====================================================== Bishnudeo Mahto, S/o Late Kamal Mahto, R/o Village Bhorejayram, Tola, Bhawanipur, P.S.-Khanpur, Distt.-Samastipur ... ... Petitioner/s

Versus

1. The Collector Cum District Magistrate, Samastipur.

2. The Circle Officer Khanpur Block, District Samastipur

3. The Station House Office, Khanpur Police Station, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Respondent/s :

Mr. Vinay Kirti Singh-GA 2 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-03-2018 Inter alia contending that there is encroachment in public land bearing Kheshra No.490 to 513 towards southern side and from Khesra No.442 to 452 towards northern side of the road in village Bhorejairam Tola Bhawanipur under Khanpur Block in Samastipur District and further contending that in spite of repeated complaints made to the Circle Officer, respondent no.2, no action has been taken, this petition has been filed in public interest.

Keeping in view the grievance of the petitioner, for the present, without entering into the controversy on merit, it is directed that on petitioner filing the certified copy of this order along with copies of the complaints and detailed representation with regard to encroachment in question, respondent no.2, the

Patna High Court CWJC No.2374 of 2018(2) dt.20-03-2018 2/2 Circle Officer, Khanpur Block, District-Samastipur, shall register the same as an encroachment case under the Bihar Public Land Encroachment Act against the persons, who have committed the encroachments, issue notice to the persons concerned who are encroachers, hear them and after following due process of law shall remove the encroachments, preferably within a period of six months.

With the aforesaid, the matter stands disposed of. (Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U