Patna High CourtCWJC/24514/2013disposed

Devendra Kumar Rai v. The State Of Bihar And ORS

2013-12-24Mr. Justice Navin Sinha,Mr. Justice Shailesh Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24514 of 2013 ====================================================== Devendra Kumar Rai, son of Late Brahmdeo Rai, resident of Village - Bakadh, Post - Ajijpur Chande, Police Station - Patepur in the district of Vaishali .... .... Petitioner

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue, Government of Bihar, Patna

2. The Principal Secretary, Department Of Revenue, Government of Bihar, Patna

3. The District Magistrate - Cum - Collector, Vaishali

4. The Sub - Divisional Officer, Mahua in the District of Vaishali

5. The Circle Officer, Patepur in the district of Vaishali .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Sushant Kumar, Advocate For the Respondents : Mr. Ajay, S.C.-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA and HONOURABLE MR. JUSTICE SHAILESH KUMAR SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 24-12-2013 Heard counsel for the petitioner and the State. In this public interest litigation, the grievance is that notwithstanding the orders of the Circle Officer for removal of the encroachment from the premises of the Middle School, Bakadh Gram Panchayat, Block Patepur, District Vaishali, the encroachments are yet to be removed.

Counsel for the State submits that if the Circle Officer has passed the order for removal of the encroachment on 13.2.2013, direction may be issued to the S.D.O., Mahua, District

Patna High Court CWJC No.24514 of 2013 (2) dt.24-12-2013 2 / 2 Vaishali who shall take necessary steps in accordance with law to ensure that the orders of the Circle Officer are acted upon strictly in accordance with law.

The application is disposed in the aforesaid terms to be complied in accordance with law within four weeks from the date of receipt and/or production of a copy of the order before the S.D.O.

(Navin Sinha, J) (Shailesh Kumar Sinha, J) PNM