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Patna High CourtCWJC/7084/2021disposed

Ram Pyare Ram v. The State Of Bihar Through The Principal Secretary,

2022-09-14Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7084 of 2021 ====================================================== Ram Pyare Ram son of Shobhanath Bind resident of Village - Katra, Post Office - Manihari, Police Station- Bhabhua, District- Kaimur (Bihar), Pin - 821105.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Water Resources Department, Sinchai Bhawan, Patna.

2.

The District Magistrate, Kaimur.

3.

The Sub-Divisional Officer, Sadar Bhabhua, District- Kaimur. 4.

The Circle Officer, Bhabhua.

5.

The Executive Engineer, High Level Sone Canal Division, Bhabhua (Kaimur).

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Mohan, Advocate For the Respondent/s :

Mr.Anjani Kumar (AAG 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-09-2022 The present writ petition has been filed for removal of unauthorized encroachment made over public road as also situated along the side of the canal existing under Sone Canal Division, Bhabhua (Kaimur).

The learned counsel for the respondent- State has submitted, by referring to the counter affidavit filed in the present case, that the entire encroachment in question has stood removed, however, the learned counsel for the petitioner has submitted that though the encroachment was removed in the year 2021, however, the same has again re-surfaced. In such view of the matter, though I deem it fit and

Patna High Court CWJC No.7084 of 2021(2) dt.14-09-2022 2/2 appropriate to dispose off the present writ petition, however, with a direction to the District Magistrate, Kaimur to ensure that no encroachment re-surfaces over the public road/ along the side of the canal in question and if any encroachment has re-surfaced, the same is directed to be removed forthwith. The writ petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U