Santosh Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5785 of 2016 ====================================================== Santosh Ray Son of Shri Ram Chandra Yadav, Resident of MohallaKarbigahiya Karbighaiya, P.S.- Jakkanpur, P.O.- G.P.O., District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar s 2.

The District Magistrate, Patna 3.

The Commissioner, Patna Municipal Corporation, Patna 4.

Vijay Coacher son of Late Om Prakash Coacher 5.

Vinay Coacher son of Late Om Prakash Coacher 6.1. Rita Coacher, Wife of Late Gogi Coacher, 6.2. Shivam Coacher, Son of Late Gogi Coacher, R/o Hotel Chanakya Inn 7.

Pappu Coacher son of Prustoam Coacher Respondent No. 4 to 7 are Resident of Hotel Chanakaya Inn. Mohalla- Karbigahiya, P.O.- G.P.O., P.S.- Jakkanpur, District- Patna, Pin Code No.- 800001 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Shraddhanand Paswan, Adv.

For the Respondent/s :

Mr.Purnendu Singh, G.P. 17 For the PMC :

Mr. Sanjay Prakash Verma, Adv.

Mr. Rashid Izhan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2019 The present writ petition has been filed for removal of the encroachment from the public land in question. It is submitted that in fact the respondents, in their counter affidavit, has also admitted that there is partial encroachment.

Having regard to the facts and circumstances of the case, the present writ petition is disposed of with a direction to the Circle Officer, Patna to initiate encroachment proceeding in

Patna High Court CWJC No.5785 of 2016(5) dt.18-07-2019 2/2 accordance with law under the Bihar Public Land Encroachment Act, 1956 and after issuing notice to the encroachers, remove the encroachment in question.

Let a copy of this order be communicated to the Circle Officer, Patna immediately.

(Mohit Kumar Shah, J) Tiwary/- U