Md. Rabani v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15958 of 2013 ====================================================== Md. Rabani Son of Late Md. Taslim Resident Of Village - Chandrasenpur, Block Rahika, P.S. Rahika, District - Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar Through Its District Magistrate, Madhubani

2. The Circle Officer, Rahika

3. The Additional Collector, Madhubani, District - Madhubani

4. Noor Alam Son of Late Md. Akhtar Resident of Village - Chandrasenpur, P.S. Rahika, District - Madhubani

5. Zakara Khatoon Wife of Uma Hyat Resident of Village - Chandresenpur, P.S. Rahika, District - Madhubani

6. (a) Sherunisha Wife of late Md. Khalik

6. (b) Md. Zamil 6, (c) Md. Nausad,

6. (d) Md. Sazzad &

6. (e) Md. Gulzar, all sons of late Md. Khalik All Resident of VillageChandrasenpur, P.S. Rahika, District Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Respondent/s :

Mr.Madhukar Krishna Sinha Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and the State. Following is the relief sought for by the petitioner in the present writ application:

" For issuance of writ or writs, order or orders, direction or directions commanding the vacated, encroached upon by the private respondent under Encroachment Case No. 01/1213 and get the road constructed by the Circle Officer (respondent no. 2) on

Patna High Court CWJC No.15958 of 2013(9) dt.09-01-2019 2/2 plot No. 2766 to 3019 in village Chandrasenpur Circle, Rahika P.S. Rahika, DistrictMadhubani".

It has been submitted on behalf of the petitioner that the encroachment proceeding was initiated in respect of the lands mentioned above, by the concerned Circle Officer. The conclusive finding was made by the C.O. that the land, so encroached upon, is a public land.

The petitioner is directed to file a representation before the District Magistrate, Madhubani (respondent No. 1) within a period of 30 days from today. The District Magistrate shall dispose of the representation of the petitioner within a period of three months from the date of filing of such representation in accordance with law, giving liberty of hearing to all the parties concerned.

With the aforesaid observation/direction, this writ application is disposed of.

(Sudhir Singh, J) A.K.V.//- U