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Patna High CourtCWJC/12322/2018disposed

Ramkeshi Ram v. The State Of Bihar And ORS

2024-09-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12322 of 2018 ====================================================== Ramkeshi Ram son of Late Bachan Ram, resident of Village- Jalalpur, PostDhavpokhar, P.S.- Karamchat, Sabar, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector-cum-District Magistrate, Kaimur at Bhabhua.

2.

The Additional Collector cum First Appellate Authority, District Kaimur at Bhabua.

3.

The Sub- Divisional Officer cum Public Grievance Redressal Officer, Bhabua, District- Kaimur at Bhabua 4.

The Circle Officer cum Anchaladhikari, Rampur, District- Kaimur at Bhabua.

5.

Parsuram Paswan son of Late Vishwanath Paswan, resident of VillageJalalpur, P.S.- Karamchat Sabar, Anchal- Rampur, District- Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Respondent/s :

Mr.Raj Kishore Ray, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ petition has been filed for issuance of a writ order or direction including a writ in the nature of Mandamus commanding the respondents to remove the encroachment made by private respondent over the settled land, appertaining to Khata No. 110, Plot No. 306., Mauja Jalalpur, District Kaimur at Bhabua, which was settled in favour of the petitioner by the government under the scheme of Grih Asthal

Patna High Court CWJC No.12322 of 2018(3) dt.04-09-2024 2/2 for construction of house and direction may further be issued to comply the order passed by the District Magistrate, Kaimur at Bhabhua."

2. Though the learned counsel for the respondents has submitted, at the outset, that the encroachment in question has stood removed, however, the same is disputed by the learned counsel for the petitioner and it is submitted that the District Magistrate, Kaimur at Bhabhua-cum-Second Appellate Authority, has already imposed cost upon the Circle Officer, Rampur, District-Kaimur at Bhabhua, for not taking any action for removal of the encroachment in question, hence the District Magistrate, Kaimur at Bhabhua be directed to enforce his own order dated 20.02.2018, passed in the second appeal in question, which is annexed as Annexure-4 to the present writ petition, preferably within a period of six weeks from today. It is directed accordingly.

3. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U