Kamakhya Narain Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20164 of 2016 ====================================================== Kamakhya Narain Singh S/o Late Bhuneshwar Singh, Resident of Village Kheraje- Sahpur, P.O.- Lalshahpur, P.S. Sadar Mabbi O.P., DistrictDarbhanga. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner Darbhanga. 2.

The Collector, Darbhanga.

3.

The Senior Superintendent of Police, Darbhanga. 4.

Sub Divisonal Officer, Darbhanga.

5.

The Block Development Officer, Bahadurpur, District- Darbhanga. 6.

The Circle Officer, Bahadurpur, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar, Advocate For the State :

Mr.Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2023 At the outset, the learned counsel for the respondentState seeks to file a counter affidavit, which is taken on record. The present writ petition has been filed seeking the following relief:- "That this petition of the petitioner is being filed for issuance of writ of appropriate nature, order or direction commanding respondents to remove encroachments from public road Road in front of Primary School, Lal Shahpur and at Bazar Samiti Campus and towards its western and eastern gate. The illegal occupants have kept Gumti and are seriously affecting Bazar Samiti activities, and school activities. The district administration despite notice and enquiry of these encroachments are not taking any steps to remove such encroachments under threat of political

Patna High Court CWJC No.20164 of 2016(3) dt.27-04-2023 2/2 interferences."

The learned counsel appearing for the respondentState has referred to the counter affidavit, filed in the present case and has submitted that an encroachment case bearing Encroachment Case No. 01 of 2023-24 has been initiated by the Circle Officer, Sadar, Darbhanga and three months time would be required to remove the encroachment in question. Having regard to the fair submission made on behalf of the respondent-State, I deem it fit and proper to dispose off the present writ petition with a direction to the concerned Circle Officer to conclude the proceedings of the aforesaid Encroachment Case No.01 of 2023-24, which has been initiated qua the encroachments made both under the Bahadurpur Circle as also under the Sadar Darbhanga Circle, within a period of three months from today, in accordance with law, whereafter consequential action shall be taken forthwith. The writ petition stands disposed off.

(Mohit Kumar Shah, J) kanchan/Saurav U