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Patna High CourtCWJC/5599/2017disposed

Shaista Praween v. The State Of Bihar And ORS

2017-05-19Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5599 of 2017 ===========================================================

1. Shaista Praween Wife of Matin Ahmad Resident of Mohalla- Mehdi Hasan road, Near Noori Musjid, P.O. - M.I.T. ,P.S. Brahmpura, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar, through Principal Secretary urban Development Department, Govt. of Bihar, Patna.

2. The District Magistrate cum Collector, Muzaffarpur.

3. The Additional Collector, Muzaffarpur.

4. The Senior Superintendent of Police, Muzaffarpur.

5. The Deputy Collector, Land Reforms, East, Muzaffarpur.

6. The Sub-Divisional Officer, East Muzaffarpur.

7. The Circle Officer, Mushhari Block, District: Muzaffarpur.

8. The Officer in Charge of Brahmpura Police Station- Muzaffarpur. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Yugal Kishore, Advocate For the Respondent/s : Mr. Subhash Pd. Singh-GA-3 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 19-05-2017 Inter alia contending that there is encroachment in land bearing Khata No.614, Khesra 290, area .0715 hectares at Darji Tola mohalla, Brahmpura P.S., this application has been filed in public interest and reference is made to Annexure 6, a document issued by the D.C.L.R., East Muzaffarpur, pointing out encroachment in the area.

If there is encroachment in the area and in spite of Annexure 6 the competent authority has not taken any action, the

Patna High Court CWJC No.5599 of 2017 dt.19-05-2017 2/2 petitioner should file a properly constituted complaint before the competent statutory authority, namely respondent No.7 under the Bihar Public Land Encroachment Act and it would be for the competent statutory authority to take action for removal of the encroachment after following the due process of law as contemplated under the Statute within six months from the date of filing of the complaint.

With the aforesaid liberty, this application is disposed of.

(Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.6.2017 Transmission Date N/A