Patna High CourtCWJC/1221/2014disposed

Upendra Rai And ORS v. The State Of Bihar And ORS

2015-03-12Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1221 of 2014 ======================================================

1. Upendra Rai, sib if Late Dwarik Rai.

2. Sukendra Rai, son of Late Dwarik Rai.

3. Jamun Rai, son of Late Dwarik Rai.

4. Manju Devi, wife of Upendra Rai.

5. Rukmini Devi, wife of Jamun Rai.

6. Bahadar Rai, won of Jhakhari Rai.

All are residents of Village Rasulpur Mobarak, P.S. Mahua, P.S. Bhan Berha, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. District Magistrate, Vaishali.

3. Circle Officer, Mahua District Vaishali.

4. Halka Karamchari, Halka No. 5, P.S. Mahua District - Vaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Pandey S. Sahay, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 12-03-2015 None appears on behalf of the petitioners.

Perused the records and heard learned counsel for the respondents.

The petitioners are aggrieved by the order dated 24.8.2013 passed by the Circle Officer, Mahua in Encroachment Case No.2 of 2013-14. Being aggrieved the petitioners have preferred an appeal before the appellate authority under the provisions of the Bihar Public Land Encroachment Act, 1956 i.e. the Collector, Vaishali giving rise to Misc. Case No.55 of 2012-13 and which remains pending. It is in such circumstances that the writ petition has been filed.

Patna High Court CWJC No.1221 of 2014 (3) dt.12-03-2015 Taking note of the grievance raised herein the writ petition is disposed of with a direction to the Collector, Vaishali to consider and dispose of the Misc. Case No.55 of 2012-13 filed by the petitioners in accordance with law and after giving an opportunity of hearing to the petitioners expeditiously and preferably within a period of three months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) SKPathak/- U