Lalo Sah And ORS v. The State Of Bihar And ORS

Patna High Court CWJC No.6142 of 2015 (2) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6142 of 2015 ======================================================

1. Lalo Sah S/o late Ram Prasad Sah

2. Satya Narayan Sah S/o Shri Sita Ram Sah

3. Jaynath Sah S/o Shri Dhanuk Sah .... .... Petitioners

Versus

1. The State of Bihar

2. The Collectort-cum-District Magistrate, Supaul

3. The Sub-Divisional Officer, Supaul Division, Supaul

4. Shri Gaurang Krishna S/o not known to the petitionerr, the Circle Officer, Pipra, District Supaul

5. The Principal Secretary, Road Construction Department, Govt. of Bihar, Old Secretariat, Patna

6. The Superintendent Engineer, Road Construction Department, Supaul Division, Supaul

7. The Executive Engineer, Road Division, Road Construction Department, Supaul

8. The Sub-Divisional Officer, Road Sub Division, Road Construction Deptt, Pipra, District Supaul

9. The Assistant Engineer, Road Division, Pipra, District Supaul

10. Shri Deo Narayan Mandal S/o late Sonelal Mandal, R/o village Lalpatti, P.O. Kataiya Manhe, P.S. Pipra, District Supaul

11. Bhogilal Mandal S/o late Chedi Mandal, R/o Nirmali, P.S. Pipra, District Supaul.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Pandey For the Respondent/s : Mr. Anil Kumar Sinha, GA-9 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 04-02-2016 Heard Mr. Binay Kumar Pandey, learned counsel for the petitioners, and Mr. Anil Kumar Sinha, learned G.A.9, appearing for the State-respondents.

Though, upon registration of Encroachment Case/Misc. Case No. 01 of 2013/14, the proceedings for removal of

Patna High Court CWJC No.6142 of 2015 (2) dt.04-02-2016 encroachment, which form the subject matter of this writ application, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, has been initiated, there is no perceptible progress in the said Encroachment case. In the circumstances, indicated above, we hereby, in the interest of justice, direct the respondent No.4, namely, Circle Officer, Pipra, District Supaul to expeditiously deal with and dispose of Encroachment Case/Misc. Case No. 01 of 2013-14, in accordance with law, preferably, within a period of three months from the date of receipt of a copy of this order. The petitioner may furnish to the respondent No.4, the certified copy of this order along with a copy of the present writ petition with annexures thereto.

With the above observations and directions, this writ application stands disposed of.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U