Jaishankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8488 of 2023 ====================================================== Jaishankar Singh Son of Late Nandlal Singh, resident of Village-Bheja (Nandanpur), P.S.-Bheja, District-Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Madhubani. 2.

The Collector, Madhubani.

3.

The Sub Divisional Officer, Jhanjharpur, District-Madhubani. 4.

The Circle Officer Madhepur, P.S.-Madhepur, District-Madhubani. 5.

Umesh Prasad Singh, son of Late Sarva Narayan Singh, resident of VillageBheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 6.

Uday Shankar Singh, son of Late Nandlal Singh, resident of Village-Bheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 7.

Rajendra Kamat, son of Late Ramji Kamat, resident of Village-Bheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 8.

Shivu Chaupal, son of Late Tilaee Chaupal, resident of Village-Bheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 9.

Tripit Kamat, son of Late Garib Kamat, resident of Village-Bheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 10.

Homi Kamat @ Domi Kamat, son of Late Maksudan Kamat, resident of Village-Bheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 11.

Jadu Chaupal, son of Late Gulaee Chaupal, resident of Village-Bheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 12.

Chandeshwar Chaupal, son of Late Gulaee Chaupal, resident of VillageBheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. 13.

Lakshmi Chaupal, son of Late Gulaee Chaupal, resident of Village-Bheja (Nandanpur), P.O. and P.S.-Bheja, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-11-2023 Heard the learned counsel for the parties.

2. This application has been filed for direction to the respondent authorities to remove the encroachment done by

Patna High Court CWJC No.8488 of 2023(2) dt.23-11-2023 2/2 the private respondent over the land.

3. The only contention of the petitioner is that despite the order of the Circle Officer for removal of encroachment, the encroachment has not been removed.

4. Learned counsel for petitioner has no instruction as to whether any appeal has been filed against the original order for removal of encroachment or what is the status of the appeal.

5. In these circumstances, this writ application is pre-mature and the same is hereby dismissed with liberty to the petitioner to file a fresh writ application after giving all the facts in the writ petition including the non-filing/disposal of the appeal.

6. Accordingly, this application is dismissed. (Sandeep Kumar, J) Shishir/- U