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Patna High CourtCWJC/16520/2018disposed

Binod Kumar Singh v. The State Of Bihar And ORS

2019-04-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16520 of 2018 ====================================================== Binod Kumar Singh, son of Late Balkishun Singh, resident of VillageRajaram Pur, Naya Tola, P.S.- Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

2.

Collector cum District Magistrate, Muzaffarpur, District- Muzaffarpur. 3.

Anchal Adhikari, Saraiya Anchal, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Chandra Verma For the Respondent/s :

Mr. S.C.Yadav -Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and the respondents.

The grievance of the petitioner in the instant writ application is inaction on the part of the respondents. From the materials available on record, it appears that no regular case for removal of encroachment was registered. The Bihar Public Land Encroachment Act provides a definite procedure for removal of encroachment.

Considering the aforesaid, the writ application is disposed of with liberty to the petitioner to file appropriate application before the Circle Officer, Saraiya, Muzaffarpur for removal of encroachment. The Circle Officer shall be under obligation to register a regular case for removal of

Patna High Court CWJC No.16520 of 2018(2) dt.29-04-2019 2/2 encroachment and after hearing the stakeholders including the petitioner and encroachers, the Circle Officer, Saraiya shall pass appropriate order.

Necessary decision in this regard must be taken by the Circle Officer, Saraiya within a maximum period of six months from the date of filing of such application along with a copy of this order.

With the aforesaid, this application stands disposed of. (Anil Kumar Upadhyay, J) uday/- U