Sanjeev Kumar @ Sanjeev Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10754 of 2020 ====================================================== Sanjeev Kumar @ Sanjeev Kumar Mishra Son of Rohit Kumar Mishra resident of village- Arer Dih, Post and Police Station- Arer, sub DivisionBenipatti, District- madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Madhubani 2.

The District Magistrate, Madhubani 3.

The Superintendent of Police, Madhubani 4.

The Sub Divisional Officer, Benipatti, Madhubani 5.

The Circle Officer, Benipatti, Madhubani 6.

The Officer-in-Charge Police Station- Arer, Madhubani 7.

Mishri Mallik Son of Botu Mallik Resident of village- Arer Dih, Police Station- Arer, Sub Division- Benipatti, District- Madhubani 8.

Jhagro Mallik Son of Botu Mallik Resident of village- Arer Dih, Police Station- Arer, Sub Division- Benipatti, District- Madhubani 9.

Ram Bahadur Mallik Son of Botu Mallik Resident of village- Arer Dih, Police Station- Arer, Sub Division- Benipatti, District- Madhubani 10.

Nachari Mallik Son of Madhuri Mallik Resident of village- Arer Dih, Police Station- Arer, Sub Division- Benipatti, District- Madhubani 11.

The Superintendent Of Police, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gyan Shankar For the Respondent/s :

Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-10-2022 The learned counsel for the petitioner has submitted that despite an order dated 28.08.2018 having been passed by the Circle Officer, Benipatti, Madhubani i.e. the Respondent no. 5 in connection with Encroachment Case No. 5 of 2018-19 u/s 6(1) of the Bihar Public Land Encroachment Act, 1956, the encroachment in question has not been removed.

Patna High Court CWJC No.10754 of 2020(2) dt.12-10-2022 2/2 Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with a direction to the Respondent No.5 to ensure removal of the encroachment in question, in case the said order dated 28.08.2018 has not been annulled by any higher forum or any court of law, within a period of twelve weeks of receipt/ production of a copy of this order.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U