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Patna High CourtCWJC/519/2017disposed

Surendra Ojha v. The State Of Bihar And ORS

2019-09-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.519 of 2017 ====================================================== Surendra Ojha son of Late Kedar Ojha, resident of village-Chilbili, Anchal and P.S. Itarhi, District - Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Engineer, Department of Public Health Engineering Department, Govt. of Bihar, Patna 3.

The District Magistrate, Buxar 4.

The Executive Engineer, Public Health, Division, Buxar 5.

The Circle officer, Itarhi Block, District Buxar 6.

The Mukhiya, Gram Panchayat - Chilhar, Block - Itarhi, District - Buxar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Mishra For the Respondent/s :

Mr.S.Raza Ahmad,AAG-5 Mr. Alok Ranjan, AC to AAG-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-09-2019 The present writ petition has been filed for holding that 37 decimals of land leased out to the petitioner vide lease deed dated 20.07.1990 for plantation of trees, should not be encroached upon by the respondents.

The learned counsel for the respondents submits that the provisions contained in the lease deed dated 20.07.1990 in question, executed by the Circle Officer, Itarhi Block, DistrictBuxar on behalf of the Revenue & Land Reforms Department, Bihar, Patna have neither been transgressed nor shall be violated.

Patna High Court CWJC No.519 of 2017(5) dt.05-09-2019 2/2 In view of the facts and circumstances of the case, the present writ petition stands disposed off with consent of the parties to the effect that the parties to the lease deed dated 20.07.1990, shall adhere to the terms and conditions of the lease and no trees falling within the area of 37 decimals, as mentioned in the said lease deed, shall be cut by the respondent authorities or anyone else.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U