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Patna High CourtCWJC/9652/2019disposed

Bijendra Kumar @ Vijendra Kumar v. The State Of Bihar

2019-04-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9652 of 2019 ====================================================== Bijendra Kumar @ Vijendra Kumar son of Sri Bhagvat Prasad resident of Village Lalganj, P.S. Chandi, District Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Rural Works Department, Bihar, Patna. 3.

The District Magistrate, Nalanda.

4.

The Sub- Divisional Officer Hilsa (Nalanda).

5.

The Circle Officer Chandi (Nalanda).

6.

Satyendra Kumar son of Sri Bhagvat Prasad resident of Village Lalganj, P.S. Chandi, District- Nalanda.

7.

Sharwan Kumar son of Sri Bhagvat Prasad resident of Village Lalganj, P.S. Chandi, District- Nalanda.

8.

Arvind Kumar son of Sri Bhagvat Prasad resident of Village Lalganj, P.S. Chandi, District- Nalanda.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Respondent/s :

Mr.Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner is inaction on the part of official of the State in the matter of removal of encroachment over public land.

Having regard to the nature of controversy raised in the present writ application, the writ application is disposed of with liberty to the petitioner to approach the Circle Officer, Chandi, Nalanda for registration of regular encroachment case

Patna High Court CWJC No.9652 of 2019(2) dt.30-04-2019 2/2 under the Bihar Public Land Encroachment Act. In the event petitioner files application before the Circle Officer, Chandi, Nalanda, the Circle Officer, Chandi, Nalanda is required to register regular case for removal of encroachment and after hearing the parties, necessary decision with regard to removal of encroachment may be passed after deciding whether the land in question is private land or public land? The Circle Officer, Chandi, Nalanda shall finally decide the entire issue within a maximum period of six months from the date of receipt/production of a copy of this order. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U