Vinay Ranjan Prasad Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5409 of 2024 ====================================================== Vinay Ranjan Prasad Rai S/o Late Harishchandra Prasad Rai, R/o Village and P.O.-Jitwaria, P.S.-Kalyanpur, District-Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Samastipur. 2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Officer, Sadar cum Sub Divisional Magistrate, Samastipur.

4.

The Superintendent of Police, Samastipur.

5.

The Sub Divisional Police Officer, Samastipur. 6.

The S.H.O. Kalyanpur Police Station, Samastipur. 7.

The Circle Officer, Circle Office, Kalyanpur, Samastipur. 8.

Md. Noor Alam Ansari, S/o Md. Abdul Rahman Ansari, R/o Village and P.O.-Jitwaria, P.S.-Kalyanpur, District-Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Thakur For the Respondent/s :

Mr.Government Pleader 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-04-2024 Heard the parties.

2. This application is filed on behalf of the petitioner seeking a direction to the respondent authorities for deputing police force and Magistrate for removal of encroachment as the same has been passed by the Circle Officer, Kalyanpur, Samastipur in Encroachment Case No. 01 of 201920.

3. This application is disposed of with liberty to the petitioner to represent before Sub-Divisional Officer, Sadar,

Patna High Court CWJC No.5409 of 2024(2) dt.05-04-2024 2/2 Samastipur that encroachment proceeding have become final and the order has not been challenged and the encroachment should be removed.

4. The Sub-Divisional Officer, Sadar, Samastipur will enquire from the encroachers as to whether any order has been passed in appeal or by this court in any case filed by the alleged encroachers. If no such order is found to have been passed in favour of the encroachers, then Sub-Divisional Officer, Sadar, Samastipur shall remove the encroachment within 15 days of communication of this order.

5. With the aforesaid observation and direction, this application is disposed of.

6. Let a copy of this order be communicated to the District Magistrate, Samastipur through FAX for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U