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Patna High CourtCWJC/8380/2023disposed

Krishna Bihari Dubey v. The State Of Bihar

2023-11-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8380 of 2023 ====================================================== Krishna Bihari Dubey Son of Late Bhola Dubey, Resident of Village- Sareya, Post Office- Sareya, P.S. Baniyapur, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Saran at Chapra, District- Saran at Chapra. 4.

The Superintendent of Police, Saran at Chapra, District - Saran at Chapra. 5.

The Sub-Divisional Officer, Chapra Sadar, District-Saran at Chapra. 6.

The Circle Officer, Baniyapur, District-Saran at Chapra. 7.

The Station Head Officer, Baniyapur, District-Saran at Chapra. 8.

Dhruv Sharma Son of Chhathu Sharma, Resident of Village- Sareya, Post Office- Sareya, P.S. Baniyapur, District- Saran at Chapra. 9.

Daya Shankar Sah Son of Late Bhagwati Sah, Resident of Village- Sareya, Post Office- Sareya, P.S. Baniyapur, District- Saran at Chapra. 10.

Dipu Kumar Sah Son of Late Paspat Sah, Resident of Village- Sareya, Post Office- Sareya, P.S. Baniyapur, District- Saran at Chapra. 11.

Shankar Sah Son of Late Yamuna Sah, Resident of Village- Sareya, Post Office- Sareya, P.S. Baniyapur, District- Saran at Chapra. 12.

Shailesh Sah Son of Late Ganesh Sah, Resident of Village- Sareya, Post Office- Sareya, P.S. Baniyapur, District- Saran at Chapra. 13.

Birendra Sah Son of Late Radha Charan Sah, Resident of Village- Sareya, Post Office- Sareya, P.S. Baniyapur, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awnish Kumar For the Respondent/s :

Mr.Raj Kishore Roy ( Gp 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-11-2023 Heard the learned counsel for the parties.

2. This application has been filed for direction to the respondent no. 6 to institute an Encroachment case against the private respondents nos 8 to 13 in view of the petitioner's

Patna High Court CWJC No.8380 of 2023(2) dt.23-11-2023 2/2 representation dated 11.04.2022 and remove the encroachment from a public road.

3. The Circle Officer, Baniyapur, District-Saran at Chapra is directed to dispose of the application dated 11.04.2022 filed by the petitioner.

4. If any encroachment is found by the Circle Officer, he will issue notice to the alleged encroacher and after hearing all the parties, he will decide the encroachment proceeding within a period of six months from the date of receipt/production of a copy of this order.

5. Let a copy of this order be communicated to the District Magistrate- Saran through FAX for its compliance forthwith.

6. Accordingly, this application is disposed of with the aforesaid observation and direction.

(Sandeep Kumar, J) Shishir/- U