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Patna High CourtCWJC/10505/2018disposed

Vibha Kumari v. The State Of Bihar And ORS

2022-08-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10505 of 2018 ====================================================== Vibha Kumari Wife of Shailendra Kumar Resident of Village and Post - Rampur, P.S. - Suryagarha, Distt - Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Lakhisarai.

3.

The Circle Officer, Lakhisarai.

4.

Executive Officer, Nagar Parishad, Lakhisarai. 5.

Anuj Kumar Gupta Husband of Komal Devi Purani Bazar, Lakhisarai, Bihar - 811311.

6.

Ranjay Kumar Resident of Santar Mohalla, Purani Bazar, Lakhisarai, Bihar - 811311.

7.

Ravi Kumar Santar Mohalla, Purani Bazar, Lakhisarai, Bihar - 811311. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha, Advocate For the Respondent/s :

Mr.S.C. Yadav, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-08-2022 The present writ petition has been filed for directing the respondents to remove the encroachment made over the land of the petitioner as well as over the land left vacant by her vendor for access to the said land.

It is submitted by the learned counsel for the petitioner that the Anchal Amin, Lakhisarai has submitted a report before the Circle Officer, Lakhisarai mentioning therein that the access to the land of the petitioner has been obstructed by a staircase constructed by the encroachers illegally. It is further submitted that the Circle Officer, Lakhisarai has also

Patna High Court CWJC No.10505 of 2018(3) dt.29-08-2022 2/2 passed an order dated 18.04.2016 which is Annexure-5 to the present writ petition, however the access to the land of the petitioner has not been cleared of the encroachment made over it, till date.

The learned counsel for the petitioner submits that appropriate proceedings shall definitely be initiated in case the same is a public land and appropriate action shall be taken, in accordance with law.

Accordingly, the present writ petition stands disposed off with a direction to the District Magistrate, Lakhisarai and the Circle Officer, Lakhisarai to enquire into the matter and in case they find that there is any subsisting encroachment made over the land of the petitioner illegally or for that matter made over the public land, appropriate proceedings shall be initiated, in accordance with law and appropriate action shall be taken within a period of 12 weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) S.Sb/- U