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Patna High CourtCWJC/11461/2019disposed

Jagdish Puri @ Jagdeesh Puri v. The State Of Bihar

2019-06-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11461 of 2019 ====================================================== Jagdish Puri @ Jagdeesh Puri Son of Late Kailash Puri, Resident of - Savitri Sadan, Mahadeva nai basti, Malviya nagar, Police Station- Siwan, District - Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Department of Road Construction, Govt. of Bihar, Patna.

2.

The Divisional Commissioner Saran division, Chapra at Saran. 3.

The District Magistrate, Siwan.

4.

The Sub divisional Officer Siwan.

5.

The Special Officer cum Executive Officer, Nagar Parishad, Siwan 6.

The Chairman Nagar Parishad, Siwan.

7.

The Circle Officer, Siwan, district- Siwan.

8.

The Ward Commissioner, Ward No. 10, Nagar Parishad, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Chaudhary For the Respondent/s :

Mr. Puspanjali Sharma (Sc20) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is aggrieved by the inaction on the part of the respondents in the matter of removal of encroachment. Learned counsel for the petitioner with reference to the order passed in C.W.J.C. No. 11675 of 2002 submits that that order was passed for removal of encroachment but still there exist encroachment.

Considering the aforesaid, the petitioner is granted

Patna High Court CWJC No.11461 of 2019(2) dt.18-06-2019 2/2 liberty to approach the Circle Officer, Siwan for registering a regular case of encroachment within the provision of Land Encroachment Act and after following the procedure and after hearing the parties likely to be adversely affected, the Circle Officer, Siwan shall pass appropriate order for removal of encroachment, if any, on public land.

Necessary decision in this regard may be taken by the respondents within a period of six months from the date of filing of such application before the Circle Officer, Siwan. With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U