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Patna High CourtMJC/323/2023disposed

Amir Ram v. The State Of Bihar

2025-01-31Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.323 of 2023 In Civil Writ Jurisdiction Case No.7080 of 2022 ====================================================== Amir Ram S/o Late Satyadeo Ram, Resident of Village- Gauspur, P.O.- Patsauni Kapor, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Sri Sushil Kumar, the Principal Secretary, Department of Land and Revenue, Bihar, Patna. 2.

Sri Pranav Kumar, The District Magistrate-cum-Collector, Muzaffarpur. 3.

Sri Raju Kumar Singh, The Additional Collector, Muzaffarpur. 4.

Sri Ashok Kumar, The Sub Divisional Officer (West), Muzaffarpur. 5.

Sri Arvind Kumar Ajit, The Circle Officer, Motipur, District- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Opposite Party/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2025

1. It is submitted by the learned counsel for the opposite parties that in compliance of the order of this Court dated 11.08.2022, passed in C.W.J.C. No.7080 of 2022, the Circle Officer, Motipur, District-Muzaffarpur has already passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, on 16.06.2021 and 06.09.2022, in connection with Encroachment Case No.39 of 2020-21.

2. The learned counsel for the opposite parties has also submitted that the encroachment in question has stood removed, however, the same is refuted by the learned counsel appearing for the petitioner, however, he submits that the

Patna High Court MJC No.323 of 2023(4) dt.31-01-2025 2/2 petitioner be granted liberty to approach the District Magistrate, Muzaffarpur, for removal of the remaining encroachment.

3. Having regard to the aforesaid facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the District Magistrate, Muzaffarpur, for enforcement of the aforesaid orders, passed by the Circle Officer, Motipur, District-Muzaffarpur and removal of the encroachment in question, in accordance with law, forthwith.

4. The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U