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Patna High CourtCWJC/9221/2019disposed

Parmeshwar Mahto v. The State Of Bihar

2019-04-25Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9221 of 2019 ====================================================== Parmeshwar Mahto, Son of Late Babu Ram Mahto, R/o Majra Baksh, Ward No.- 9, Bazpur, Ganna Samiti, P.S- Bazpur, District- Udham Singh Nagar, Uttrakhand, at present R/o Village- Pakadi Makariyar, Post- Hasua, P.S.- Dhanauti O.P., District- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The District Magistrate, Siwan.

3.

The Sub Divisional Officer, Siwan.

4.

The Circle Officer, Siwan Sadar Circle, District- Siwan. 5.

The S.H.O. Siwan Muffasil (Dhanauti O.P.) District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Respondent/s :

Mr.Abhishek Kumar Sinha, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and the respondents.

2. The grievance of the petitioner in the present writ application is inaction on the part of the Circle Officer, Siwan Sadar, Siwan in the matter of removal of encroachment.

3. Learned counsel for the petitioner has placed reliance on Annexures-1 and 2 to indicate that the petitioner has approached the Circle Officer, Siwan Sadar and the District Magistrate, Siwan, but unfortunately the Circle Officer and the District Magistrate have failed to remove the encroachment and as a result of their inaction, the road for movement of the

Patna High Court CWJC No.9221 of 2019(2) dt.25-04-2019 2/2 common man is disturbed.

4. Considering the aforesaid, the writ application is disposed of with liberty to the petitioner to approach the Circle Officer, Siwan Sadar, Siwan along with a copy of this order, who shall be under obligation to register a regular case for removal of encroachment and after hearing the encroachers the Circle Officer, Siwan Sadar, Siwan shall pass appropriate order in accordance with law for removal of encroachment. (Anil Kumar Upadhyay, J) uday/- U