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Patna High CourtCWJC/14067/2018disposed

Md. Shahjahan Khan v. The State Of Bihar And ORS

2020-02-13The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14067 of 2018 ====================================================== Md. Shahjahan Khan Son of Fazal Haque Khan, Resident of Village/MohallaMohammadapur, P.S.- Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

1.

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

Principal Secretary, Urban Development Department, Govt. of Bihar, Patna. 3.

District Magistrate, Jehanabad.

4.

Senior Superintendent of Police, Jehanabad.

5.

Sub-Divisional Officer, Jehanabad.

6.

Circle Officer, Makhdumpur, District- Jehanabad. 7.

Chairman Nagar Panchayat, Makhdumpur, District- Jehanabad. 8.

Vice- Chairman Nagar Panchayat Makhdumpur, District- Jehanabad. 9.

Executive Officer, Nagar Panchayat Makhdumpur, District- Jehanabad. 10.

Station House Officer, Makhdumpur, District- Jehanabad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate.

For the Respondent/s :

Mr. Rakesh Ambastha, AC to AAG-7 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 13-02-2020 Petitioner has prayed for the following relief: (a) The respondents be commanded/directed to get the encroachments on lands under Khata No. Plot No.

Area Nature 30 Decimal Gairmazarua AM 52 Decimal Gairmazarua Malik 5 Decimal AM Garha 55 Decimal AM Garha

Patna High Court CWJC No.14067 of 2018(3 ) dt.13-02-2020 2/3 27 Decimal AM Garha 25/755 6 Decimal Am Garha 38 decimal Anabad Bihar Sarkar Garha be removed within a time frame fixed by this Hon'ble Court and they may be further directed to submit a report with full videography/picture about execution of the order of this Hon'ble Court. (b) The respondents be further directed/commanded to keep vigil over the aforementioned public land so that encroachment after removal may not take place as is the usual experience.

(c) The respondents be further directed/commanded to fix the responsibility for allowing/ encouraging/ facilitating the encroachment and appropriate action legal as well as departmental be taken against them. (d) Any other relief or relief/s which the petitioner be found entitled to be granted to him.

After the matter was heard for some time, finding the Court not to be in favour of submission made across the bar, learned counsel for the petitioner seeks permission to approach the authorities i.e. respondent nos. 3 and 9, namely, the District Magistrate and the Executive Officer, Nagar Panchayat, Makhdumpur, District-Jehanabad, respectively for highlighting the grievance in accordance with law.

Mr. Rakesh Ambastha, learned counsel for the State,

Patna High Court CWJC No.14067 of 2018(3 ) dt.13-02-2020 3/3 states that any such request shall be dealt with expeditiously and in accordance with law.

Statement is taken on record.

In view of the same, the present petition stands disposed of with a direction that any such request is received from the petitioner, the same shall be dealt with in accordance with law with reasonable dispatch and not later than three months thereafter.

(Sanjay Karol, CJ) ( S. Kumar, J) sujit/- U