Mushtaque Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1030 of 2024 In Civil Writ Jurisdiction Case No.2091 of 2023 ====================================================== Mushtaque Ahmad S/o Late Jamirul Haque, Resident of village - Dhankaul Khurd, P.O - Nayatola ward No. - 06, P.S.- Pupri, Dist. Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate Sitamarhi, Dist.- Sitamarhi.

2.

The Pushpa Kumari, W/o not known the Circle Officer, Bokhara, Anchal - Bokhara, District- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Standing Counsel 19 Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2025

1. The learned counsel for the opposite parties submits that on account of an injunction order dated 30.04.2024, passed in favour of Md. Shalim @ Md. Salim, by the Ld. Court of Subordinate Judge-I, Pupri (Sitamarhi), in Title Suit No.291 of 2023, the Circle Officer, Bokhra, Sub District-Pupri, Sitamarhi, has not been able to proceed against the said Md. Shalim @ Md. Salim, under the provisions of the Bihar Public Land Encroachment Act, 1956, thus, the order of this Court dated 26.09.2023 is yet to be complied with.

2. Having regard to the facts and circumstances of the case, this Court deems it fit and proper to dispose off the present petition, however with liberty to the petitioner to take recourse

Patna High Court MJC No.1030 of 2024(3) dt.05-03-2025 2/2 to the due process of law, for redressal of his subsisting grievance, in case either the aforesaid order of injunction dated 30.04.2024 is vacated or the aforesaid suit is dismissed.

3. The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U