Patna High CourtCWJC/11023/2015disposed

Kamala Devi v. The State Of Bihar And ORS

2018-01-19The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11023 of 2015 ====================================================== Kamala Devi wife of Dr. Chandrika Prasad resident of Village- Meerabigha, P.S.- Tehla (Makhdumpur), District Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary Government fo Bihar, Patna.

2. The Principal Secretary Department of Art and Culture Government of Bihar, Patna.

3. The Principal Secretary Department of Tourism Government of Bihar, Patna.

4. The Director Archaeology Bihar,Patna.

5. The Director General of Police, Bihar, Patna

6. The District Magistrate Jehanabad

7. The Superintendent of Police, Jehanabad.

8. The District Development Officer, Jehanabad.

9. The Block Development Officer,Jehanabad.

10. The Circle Officer, Jehanabad.

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

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Respondent/s : Mr. P.N. Shahi- AAG10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-01-2018 Keeping in view the supplementary counter affidavit filed by respondent no.4 on 09.10.2017, the report of the D.C.L.R., Jehanabad dated 11.08.2017 (Annexure-R4/A) and the averments based thereon made in para 9 and 10 of the supplementary counter affidavit, now no further indulgence into the matter is called for as, according to this report, the encroachments have been removed.

However, in case the petitioner feels that the

Patna High Court CWJC No.11023 of 2015 (16) dt.19-01-2018 2/2 encroachment is still there in the Government land, the petitioner may raise the issue before the Circle Officer, Jehanabad by filing an appropriate application under the statutory provision, namely, Bihar Public Land Encroachment Act and the Circle Officer shall proceed to decide the question of encroachment in accordance with law.

With the aforesaid, this application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- U