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Patna High CourtCWJC/7705/2019disposed

Sundar Lal Sahu v. The State Of Bihar

2019-04-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7705 of 2019 ====================================================== Sundar Lal Sahu Son of Late Ram Kishun Sahu R/o Village-Mahisham, Ward No. 8, P.S. Madhepur, District-Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Department of Rural Development 2.

The Principal Secretary Department of Rural Development, Old Secretariat, Patna 3.

The District Magistrate Madhubani 4.

The Sub Divisional Officer Jhanjharpur, Madhubani 5.

The Circle Officer, Madhepur Anchal Madhepur, Madhubani 6.

Ram Deb Sahu Son of Munchun Sahu R/o Village-Mahisham, Ward No. 8, P.S. Madhepur, District-Madhubani 7.

Daya Ram Sahu Son of Munchun Sahu R/o Village-Mahisham, Ward No. 8, P.S. Madhepur, District-Madhubani 8.

Sita Ram Sahu son of Khusi Lal Sahu R/o Village-Mahisham, Ward No. 8, P.S. Madhepur, District-Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Respondent/s :

Mr.Anjani Kumar (Aag4) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-04-2019 Learned counsel for the petitioner with reference to Annexure-13 submits that office of SDO, Jhanjharpur has already decided to depute the Magistrate and police personnel for removal of encroachment vide order contained in Memo No. 07 dated 03.01.2019 but till date encroachment has not been removed.

Considering the fact that due to election the priority of law enforcing agency is to conduct fair election and in that view

Patna High Court CWJC No.7705 of 2019(2) dt.12-04-2019 2/2 of the matter, the Court is not inclined to issue any direction at this stage. However, after the election is over, if the respondent authorities failed to take action for removal of encroachment, liberty shall be available to the petitioner to file petition for appropriate direction in the matter of removal of encroachment. With the aforesaid liberty, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U