Baidyanath Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3974 of 2015 =========================================================== Baidyanath Kumar son of Late Yadu Kumar, resident of Village- Mahari, P.O.- Nadiyami, P.S.- Kusheshwar Asthan, District- Darbhanga .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Land Reforms Bihar, Patna

3. The District Magistrate, Darbhanga

4. The Sub Divisional Magistrate, Darbhanga

5. The Circle Officer, Kusheshwar Asthan Circle, Darbhanga

6. Vinod Kumar son of Rajendra Kumar

7. Lalan Kumar son of Ganeshwar Kumar

8. Munna Kumar son of Harekrishna Kumar

9. Shankar Kumar son of Binock Kumar All resident of Village- Mahari, P.o.- Nadiyari, District- Darbhanga .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sajal Kumar Sinha, Advocate For the State : Mr. Din Bandhu Singh, GP9, Mr. Sandip Singh, A.C. to G.P. 9 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 23-09-2015 Heard learned counsel for the petitioner and the State. The grievance of the petitioner is that though private respondents have encroached upon the land of plot nos.889 and 890 of khata no.211, Mauja Mahari, Circle, Kusheshwar Asthan, District, Darbhangha which is situated over river Jibaech. It is contended that encroachment case no.1/12-13 has been initiated and the Anchal Amin has found that four persons have encroached upon the aforesaid land. However, no decision has been

Patna High Court CWJC No.3974 of 2015 dt.23-09-2015 2 / 2 taken by the concerned competent authority.

Accordingly, this writ application is being disposed of with a direction to the Circle Officer to bring the encroachment case no.1/2012-13 to its logical conclusion, if the same has already not been done, after following the procedure laid under the statute concerned and also after granting reasonable opportunity to all the concerned persons including the private respondents within a period of three months from the date of receipt/production of a copy of this order. However, it is made clear that this Court has not expressed or formed any opinion regarding the merit of the cases of the respective parties.

(Dr. Ravi Ranjan, J) Sanjay-II/- U