Patna High CourtCWJC/5728/2016disposed

Dr. Arun Kumar v. The State Of Bihar And ORS

2016-09-15Mr. Justice Samarendra Pratap Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5728 of 2016 ====================================================== Dr. Arun Kumar .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Mishra For the Respondent/s : Mr. Sunil Kumar, AC to GA -12. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 15-09-2016 Heard learned Counsel for the parties concerned. Considering the fact that in order to evict the encroachers from the land, which forms the subject matter of this writ petition, filed in the form of Public Interest Litigation, an encroachment proceeding, giving rise to Encroachment Case No. 04/2016-17, has already been initiated by the State-respondent, we are of the view that this Public Interest Litigation cannot be proceeded further and must be closed with appropriate direction to the respondents.

In view of the above and in the interest of justice, it is hereby directed that the State-respondent, particularly, respondent No. 4, namely, the District Magistrate, Patna, and respondent No. 7, namely, the Circle Officer, Patna, shall ensure that the

Patna High Court CWJC No.5728 of 2016 (3) dt.15-09-2016 2/2 encroachment case, above is brought to its logical conclusion in accordance with law, preferably, within a period of three months from today. On completion of the encroachments proceeding, the action taken, in terms of the decision, shall be communicated, in writing, to the Registrar General of this Court by the respondent No. 4, namely, the District Magistrate, Patna. With the above directions, this Public Interest Litigation is closed with liberty granted to the petitioner to approach this Court with appropriate application, in future, if situation so warrants.

(I.A. Ansari,CJ) (Samarendra Pratap Singh, J) sunil/- U