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Patna High CourtMJC/1186/2020disposed

Munna Chaudhary v. Sri Vivek Kumar Singh

2021-05-25Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Miscellaneous Jurisdiction Case No.1186 of 2020 ====================================================== Munna Chaudhary, aged about 33 years, Male, son of Sri Jai Lal Sahani, resident of village- Sapahi, Tola- Jatwa, Ward No. -13, P.S. Raghunathpur O.P., District East Champaran.

... ... Petitioner/s

Versus

1. Sri Vivek Kumar Singh, son of not known to the petitioner, presently posted as the Principal Secretary, Department of Revenue and Land Reforms , Government of Bihar, Patna.

2. Sri Sirshatha Kapil son of not known to the petitioner, presently posted as District Magistrate, East Champaran at Motihari.

3. Sri Navin Chandra Jha, son of not known to the petitioner, presently posted as Superintendent of Police, East Champaran at Motihari.

4. Sri Priyaranjan Raju, son of not knot known to the petitioner, presently posted as Sub-Divisional Officer, Sub-Division- Motihari, District East Champaran.

5. Sri Santosh Kumar Suman, son of not known to the petitioner, presently posted as Circle Officer, Circle- Turkaulia, Sub-Division- Motihari, District East Champaran.

6. Sri Sandeep Kumar, son of not known to the petitioner, presently posted as S.H.O., P.S. Raghunathpur, O.P., District- East Champaran.

7. Munnilal Sahani, son of late Patiram Sahani, resident of village- Sapahi, Tola- Jatwa, P.S. Raghunathpur O.P., District- East Champaran. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Nath, Adv.

For the Opp. Parties :

Mr. Md. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Sambhu Nath, the learned counsel for the petitioner and Sri Md. Sajid Salim Khan, learned SC-25 appearing for the contemnors/ opposite parties.

A show cause has been filed on behalf of the Superintendent of Police, East Champran, Motihari wherein it has been stated that in compliance of the order of this Court dated 24.06.2019 passed in CWJC No. 11995 of 2019, a proceeding vide Land Encroachment Case No. 06 of 2019-20 was initiated by the Anchal Adhikari, Turkaulia and upon enquiry it has been found that there is no encroachment over the land in question, hence the said Land Encroachment Case No. 06 of 2019-20 has been dropped vide order dated 03.09.2019. At this juncture, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to assail the aforesaid order dated 03.09.2019, if so advised.

Considering the fact that the order of this Court dated 24.06.2019, passed in CWJC No. 11995 of 2019 has already stood complied with, I deem it fit and proper to dispose of the present petition, however, with liberty to the petitioner to take recourse to such remedies as are available under the Law for the purposes of challenging the aforesaid order dated 03.09.2019. (Mohit Kumar Shah, J) Tiwary/-