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Patna High CourtCWJC/1758/2015disposed

Pramod Kumar Pandey And ANR v. The State Of Bihar And ORS

2016-02-04Mr. Justice Chakradhari Sharan Singh,The Chief Justice2 pages

Patna High Court CWJC No.1758 of 2015 (2) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1758 of 2015 ======================================================

1. Pramod Kumar Pandey, Son of Sri Rajaram Pandey, Resident of village -Gali No.2, Dhobighat Charitarwan, Buxar, P.S. Town, P.S. Buxar, District - Buxar

2. Jitendra Rai, Son of Sri Chandrakesh Rai, Resident of village - Gali No.2, Dhobighat Charitarwan, Buxar, P.S. Town, P.S. Buxar, District - Buxar .... .... Petitioners

Versus

1. The State of Bihar through the Collector, Buxar, District - Buxar

2. The Collector, Buxar, District - Buxar

3. The Sub Divisional officer, Buxar, District - Buxar

4. The Circle officer, Buxar, District - Buxar

5. Harihar Chaubey Son of Late Raghubansh Chaubey Resident of village - Gali No.2, Dhobighat Charitarwan, Buxar, P.S. Town, P.S. Buxar, District - Buxar .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Respondent/s : Mr. Sandeep Kumar (GA-8) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 04-02-2016 Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner, and Mr. Sandeep Kumar, learned GA-8, appearing for the State respondents.

Though, upon registration of Encroachment Case No. 03 of 2015-16, the proceedings for removal of encroachment, which form the subject matter of this writ application, made under Article 226 of the Constitution of India, in the form of Public Interest Litigation, has, in the light of the averments made in

Patna High Court CWJC No.1758 of 2015 (2) dt.04-02-2016 paragraph-5 of the counter affidavit filed by State respondents, been initiated, there is no perceptible progress in the said Encroachment case.

In the circumstances, indicated above, we hereby, in the interest of justice, direct the respondent No.4, namely, Circle Officer, Buxar to expeditiously deal with and dispose of Encroachment Case No. 03 of 2015-16, in accordance with law, preferably, within a period of three months from the date of receipt of a copy of this order. The petitioner may furnish to the respondent No.2, the certified copy of this order along with a copy of the present writ petition with annexures thereto. With the above observations and directions, this writ application stands disposed of.

(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) A.I./- U