Patna High CourtCWJC/2028/2016disposed

Md. Nasiruddin v. The State Of Bihar And ORS

2016-12-21Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2028 of 2016 =========================================================== Md. Nasiruddin, Son of Md. Sheikh Habib, resident of village - Baruraj Tola Mehandinagar, Bankat, P.S. Baruraj, District - Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar through District Magistrate, Muzaffarpur

2. The District Magistrate Cum Collector, Muzaffarpur

3. The Sub - Divisional officer, West, District Muzaffarpur

4. The Anchal Adhikari, Anchal - Motipur, District - Muzaffarpur

5. The Anchal - Nirishak, Motipur, District - Muzaffarpur

6. The Halka Karamchari, Halka No. 8, Anchal - Motipur, District - Muzaffarpur

7. Md. Jamaluddin Shah S/o Late Eqbal Shah

8. Tabarak Hussain, S/o Late Eqbal Shah, Both resident of village - Baruraj Tola Mehandinagar, Bankat, P.S. Baruraj .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Raghib Ahsan, Sr. Advocate Mr. Nafisuzzoha, Advocate For the State : Mr. Khurshid Alam, A.A.G. 12 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 21-12-2016 Learned counsel for the petitioner is permitted to make necessary correction with respect to the number of Annexure to the supplementary affidavit.

Heard.

It is apparent from Annexure 9 appended with the supplementary affidavit filed on behalf of the petitioner that encroachment case no.3/13-14 is yet to be brought to its logical conclusion.

Accordingly, this writ application stands disposed of,

Patna High Court CWJC No.2028 of 2016 dt.21-12-2016 2 / 2 without going into the merit of the case, with a direction to the Circle Officer, Motipur to bring the aforesaid encroachment case to its logical conclusion within a period of three months from the date of receipt/production of a copy of this order.

It is made clear that if Annexure 9 has been issued without passing any final order or without granting reasonable opportunity to the alleged encroachers to present their case, another opportunity should be given to them and then final order should be passed. Thereafter, appropriate action in accordance with law should be taken so that the case concerned be brought to its logical conclusion.

(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.03.2017 Transmission Date NA