Patna High CourtCWJC/16486/2016disposed

Surendra Thakur v. The State Of Bihar And ORS

2016-11-24Mr. Justice Vikash Jain,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16486 of 2016 =========================================================== Surendra Thakur, son of Gola Thakur, resident of village- Sasna, P.S. Baruraj, District-Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary Education Department, Government of Bihar, Patna.

2. The District Magistrate cum-Collector, Muzaffarpur.

3. The Sub-Divisional Officer, West, Muzaffarpur.

4. The Circle Officer of Motipur Block, P.S.-Baruraj, District-Muzaffarpur. .... .... Respondents 1st Set.

5. Lakhindra Chaudhary, son of late Jagarnath Chaudhary

6. Harendra Chaudhary, son of late Kapildev Chaudhary,

7. Devnarayan Chaudhary, son of late Bachchu Chaudhary,

8. Roopnarayan Chaudhary, son of late Bachchu Chaudhary,

9. Gopal Thakur, son of late Jatan Thakur,

10. Hardeo Thakur, son of late JatanThakur,

11. Mohan Sahni, son of late Khublal Sahni,

12. Sohan Sahni, son of late Khublal Sahni,

13. Kumod Sahni, son of late Gajadhar Sahni,

14. Pappu Sahni, son of late Gajadhar Sahni,

15. Raj Kumar Sahni, son of Mohan Sahni Sahni,

16. Dilip Sahni, son of Mohan Sahni Respondent Nos. 5 to 16 are resident of village-Sasna, P.O.-Bangara Firoj, P.S. Baruraj, Block- Motipur, District-Muzaffarpur. .... .... Respondents 2nd Set.

=========================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Advocate Mr. Arvind Kumar, Advocate For the Respondent/s :

Mr. Vinay Kumar Mishra, A.C. to A.A.G.-15 =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 24-11-2016 The grievance of the petitioner is that the land of the Middle School of Sasna Village in the district of Muzaffarpur has been encroached upon by respondent nos.5 to 16. In the counter affidavit filed on behalf of respondent nos.2, 3 and 4, it is mentioned that the

Patna High Court CWJC No.16486 of 2016 dt.24-11-2016 2/2 Circle Inspector in its report dated 24th August, 2016 has reported that some people have encroached upon the Government land, but no action could be taken on the report of the Circle Officer. It has been further stated that on 19th of August, 2016, proceedings have been initiated for removal of the encroachment.

Since the proceedings for removal of the encroachment have been initiated, we deem it appropriate to dispose of the present writ application with direction to the concerned officials, seized of the encroachment cases, to take a final decision on the encroachment cases expeditiously, preferably within a period of six months from today. (Hemant Gupta, ACJ) (Vikash Jain, J) Sunil AFR/NAFR N. A. F. R.

CAV DATE N. A.

Uploading Date 26.11.2016 Transmission Date