Dharmendra Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.415 of 2023 In Civil Writ Jurisdiction Case No.11398 of 2021 ====================================================== Dharmendra Kumar Sharma S/o Kedar Nath Sharma resident of Bramharshi Chowk, Shrikrishna Nagar, P.S. and District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through Mr. Amir Subhani, the Chief Secretary Govt. of Bihar, Patna.

2.

Mr. Mayak Warwade, The Divisional Commissioner, Magadh Division, Gaya.

3.

Mr. Saurabh Jorawal, The District Magistrate Aurangabad. 4.

Mr. Prem Kumar, The Circle Officer, Aurangabad. 5.

Dr. Amrit Kumar, The Executive Officer, Nagar Parishad, Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Sajid Salim Khan (Sc25) For O.P. No.5 :

Mr.Surendra Pd. Singh, Advocate Mr.Kirti Keshav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2024

1. It is submitted by the learned counsel for the opposite parties that in compliance of the order of this Court dated 13.10.2022, passed in CWJC No.11398 of 2021, the Circle Officer, Aurangabad had passed an order in the encroachment proceedings, initiated vide Encroachment Case No.10 of 2022-23, whereafter the encroachers had filed an appeal, bearing Encroachment Appeal No.71 of 2023 and ultimately, the District Magistrate, Aurangabad has passed an order dated 27.08.2024 in Revision Case No.116 of 2024,

Patna High Court MJC No.415 of 2023(5) dt.27-09-2024 2/2 remanding the matter back to the Circle Officer, Aurangabad Circle, hence the entire matter is still open and pending consideration before the Circle Officer, Aurangabad. Moreover, this Court by an order dated 09.09.2024, passed in CWJC No.12891 of 2024 has already directed the Circle Officer, Aurangabad to take a final decision and till then protection has been granted to the petitioner of the said writ petition.

2. In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to avail such other alternative remedies, as are otherwise available under the law for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U