Awadh Bihari Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3578 of 2018 ====================================================== Awadh Bihari Singh Son of Late Ram Swarath Singh, Resident of Village P.O. Dhaudarh P.S. Sasaram M, Block Cum Anchal-Sasaram, District Rohtas at Sasaram.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna. 2.

The Principal Secretary, Department of Human Resources Development, Govt. of Bihar, Patna.

3.

The Director Secodary Education Department of Human Resources, Govt. of Bihar, Patna.

4.

The Director Primary Education, Department of Human Resources, Govt. of BIhar, Patna.

5.

The District Magistrate Cum Collector, Rohtas at Sasaram. 6.

The Additional Collector, Rohtas at Sasaram.

7.

THe District Education Officer, Rohtas at Sasaram. 8.

The Circle Officer, Sasaram Circle, Sasaram, Rohtas. 9.

The Head Master, Rajkiyakrit Madhya Vidyalaya Dhaudarh, Block Sasaram District Rohtas at Sasaram.

10.

Ayodhya Prasad Son of Late Ram Prasad Resident of Village P.O. Dhaudarh P.S. Sasaram District Rohtas .

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Respondent/s :

Smt. Binita Singh- Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-08-2022 Though, the present writ petition was filed for removing the unauthorized school namely Kaimur High School, Dhaudarh, Rohtas from the premises of Rajkiyakrit Middle School, Dhaudarh, however, the Respondent State has filed a counter affidavit today wherein it has been stated that the encroachment in question has been removed, nonetheless, the

Patna High Court CWJC No.3578 of 2018(5) dt.23-08-2022 2/2 learned counsel for the petitioner submits that some encroachment has resurfaced, to which the learned counsel for the Respondent State submits that the District Magistrate, Rohtas at Sasaram would ensure that the same is removed and the same does not resurface, henceforth.

In such view of the matter, the present writ petition stands disposed of with a direction to the District Magistrate, Rohtas at Sasaram to ensure that the encroachment in question does not resurface and in case there is any default, the concerned SHO of the concerned police station shall be liable to be suspended forthwith.

(Mohit Kumar Shah, J) Tiwary/- U