Patna High CourtCWJC/10004/2007disposed

Ashok Kumar Singh @ Ashok Sing v. The State Of Bihar And ORS

2023-02-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10004 of 2007 ======================================================

1. ASHOK KUMAR SINGH @ ASHOK SINGH, son of Shaligram Singh @ Chamru Singh

2. Shaligram Singh @ Chamru Singh son of late Kauleshwar Singh Both residents of village-Parsa, P.S. Aurangabad(M), District-Aurangabad ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. The Sub-Divisional Magistrate, Aurangabad

3. The Anchaladhikari, Aurangabad

4. Ram Kumar Singh son of Late Badri Singh, Resident of village Parsa, P.S.- Aurangabad (M), District-Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhanu Pratap Singh For the Respondent/s :

Mr.Aag6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-02-2023 The present writ petition has been filed seeking the following relief:- "1. That this is application for issuance of an appropriate writ, order or direction to the Respondents concerned for quashing the notice dated 5.7.2007 issued by the Respondent Sub-Divisional Magistrate, Aurangabad to the petitioners in Case No.731 of 2007 u/s 133 of Cr. P. C.

contained in Annexure-4 by which the S.D.M. passed the conditional order for removal of nuisance against the petitioners and directed to remove the encroachment over the land in question or to file show cause as to why not the

Patna High Court CWJC No.10004 of 2007(4) dt.16-02-2023 2/2 encroachment over the land in question may be removed. And for quashing the notice dated 18.5.2007 issued by respondent Anchaladhikari Aurangabad to the petitioners in Encroachment Case No.

5/0C-07 as contained in Annexure-5 by which the respondent anchaladhikari has ordered to stop any construction over the land in question and to produce documents if any to establish their valid title."

At the outset, the learned counsel for the petitioners submits that the petitioners would be filing a reply to the aforesaid notice dated 5.7.2007, in case the proceedings in question are still alive, whereupon the Sub-Divisional Magistrate, Aurangabad be directed to consider the same and pass appropriate orders. It is directed accordingly.

The present writ petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/- U