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Patna High CourtCWJC/16522/2017disposed

Surendra Tiwari v. The State Of Bihar And ORS

2019-04-22Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16522 of 2017 ====================================================== Surendra Tiwari S/o- Late Ram Bachan Tiwari, R/o- Sone- Barsha, P.O.- Sone- Barsha, P.S.- Nawa Nagar, District Buxar. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Buxar.

3.

The District Education Officer, Buxar.

4.

The Sub- Divisional Officer, Dumraon, P.S.- Dumraon, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Bihari Singh For the Respondent/s :

Mr.Prabhakar Jha - Gp-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has approached this court for a direction to the respondents for removal of encroachment from the premises of Girls High School, Sone-Barsha, Buxar.

With reference to Annexure-A to the counter affidavit learned counsel submits that request was made by the District Education Officer, Buxar to Sub-Divisional Officer, Dumraon for removal of encroachment and unlocking the school and to ensure handing over the charge to Incharge Headmaster of the school.

The aforesaid letter was written on 14.9.2018. We are

Patna High Court CWJC No.16522 of 2017(2) dt.22-04-2019 2/2 in April, 2019 and no instruction was given to the petitioner on behalf of the respondents as to the action taken pursuant to the letter dated 14.9.2018.

Considering the aforesaid fact the writ petition is disposed of with direction to the Sub-Divisional Officer, Dumraon to act upon the letter of District Education Officer, Buxar for removal of encroachment, unlocking the school and handing over the key to the petitioner so that teaching in the school may not affect adversely.

Necessary decision in this regard may be taken by the Sub-Divisional Officer, Dumraon within a period of one month after general election is over.

(Anil Kumar Upadhyay, J) Ravi/- U