Nantun Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19956 of 2014 ====================================================== Nantun Jha, Son of Late Sahdevjha, Resident of village Dopura, P.S. Benipur, Distt- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. District Magistrate, Madhubani.

3. The Executive S.D.O. Benipatti Distt. Madhubani.

4. The Executive Engineer Benipatti, District- Madhubani.

5. The Circle Officer, Benipatti Madhubani.

6. The S.D.O. Benipatti Madhubani.

7. The Private Ltd of Nav Nirman Sarak Yojna Benipatti, District Madhubani.

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

For the Petitioner/s : Md. Soban Asghar, Adv. For the State : Mr. A.K. Pathak, AC to GP-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2017 Heard Md. Soban Asghar, learned Counsel appearing on behalf of the petitioner and Mr. A. K. Pathak, learned AC to GP-21.

The present Writ application has been filed for a direction to the respondent authorities to get the encroachment removed from the public road/land situated on Plot No. 482, at Village-Dopura, P.S.-Benipatti, Distt-Madhubani. Prayer has also

Patna High Court CWJC No.19956 of 2014 (2) dt.04-09-2017 2/3 been made for getting the encroachment removed from the raiyati land of the petitioner, appertaining to Plot No. 453. Learned Counsel appearing on behalf of the petitioner submits that public land has been encroached upon, but till date, no proceeding has been initiated under the Bihar Public Land Encroachment Act (hereinafter called as 'the Act'). However, the petitioner represented before respondent no.2, the District Magistrate, Madhubani, for redressal of his grievances by filing a representation, as contained in Annexure-3 series. Hence, Counsel for the petitioner prays for disposal of the Writ application with a direction to respondent no.2, the District Magistrate, Madhubani to dispose of the representation of the petitioner.

Learned AC to GP-21 appearing on behalf of the respondent State submits that he does not have any objection in disposal of the Writ application in aforementioned terms. The entire pleading does not depict the specific detail about the land of the petitioner whether it is the raiyati land of the petitioner or a public land.

It is expected from respondent no.2, the District Magistrate, Madhubani, to dispose of the representation of the petitioner, within a period of six weeks on production/receipt of a

Patna High Court CWJC No.19956 of 2014 (2) dt.04-09-2017 3/3 copy of this order.

Accordingly, the writ application is disposed of. (Dinesh Kumar Singh, J) Ashwini/- U