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Patna High CourtCWJC/4367/2015disposed

Kaushlendra Prasad Bind @ Kaushlendra Prasad @ Kaushlendra Bind v. The State Of Bihar And ORS

2015-11-05Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4367 of 2015 ====================================================== Kaushlendra Prasad Bind @ Kaushlendra Prasad @ Kaushlendra Bind, Son of Sri Ramchandra Bind, Resident of village - Mahamadpur Abdal, Post Modan Ganj, P.S. Ghosi, District - Jehanabad .... .... Petitioner

Versus

1. The State of Bihar

2. The Commissioner, Magadh Range, Gaya

3. The District Magistrate, Jehanabad

4. The Sub-Divisional Officer, Jehanabad

5. The Circle officer, Modan Ganj, Jehanabad

6. Ranjan Kumar, Son of Late Kalim Paswan

7. Ganauri Paswan, Son of Late Gajdev Paswan

8. Hardeo Paswan, Son of Late Gheghan Paswan

9. Subhasi Paswan, Son of Late Shakdeo Paswan

10. Bijendra Paswan, Son of Mohar Paswan

11. Rameshi Paswan, Son of Bashudeo Paswan.

All Respondent Nos. 6 to 11 are residents of village - Mohamadpur Abdal, Post - Modan Ganj, P.S. Ghosi, District - Jehanabad .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kishore, Advocate For the Respondent/s : Mr. Lala S.N. Rai, AC to GP-6 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that respondent nos. 6 to 11 have encroached the public land of Plot No.174 which is "Gairmazarua Malik" in nature appertaining to Khata No.93 of Mauza Mohamadpur Abdal, P.S.-Ghosi, District- Jehanabad. It is contended that Encroachment Case No.19/201314 was initiated and final decision has been taken by the Circle Officer finding the aforesaid respondents as encroachers and

Patna High Court CWJC No.4367 of 2015 (2) dt.05-11-2015 2/2 directing them to remove the encroachment, otherwise, the same would be removed with the help of the district administration, however, no action, thereafter, has been taken. Accordingly, the District Magistrate, Jehanabad (respondent no.3) is directed to look into the matter and, if final order has been passed and that has not been altered or modified in any appeal or any appropriate proceeding, then the matter should be brought to its logical conclusion in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

However, it is made clear that this Court is not formed any opinion in this regard and the action would be dependant upon the nature of order that has been passed finally by the competent authority.

This disposes of the writ petition.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U