Samar Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10047 of 2016 ===========================================================

1. Samar Ahmad Son of Sarfuddin Ahmed, Resident of Mohalla- Bagh Kalu Khan, Police Station- Chowk, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Home, Government of Bihar, Patna.

2. The Director General of Police, Bihar, Patna.

3. The Divisional Commissioner, Patna Division, Patna.

4. The District Magistrate, Nalanda.

5. The Superintendent of Police, Nalanda.

6. The Block Development Officer, Chandi, Nalanda.

7. The Circle Officer, Chandi, Nalanda.

8. Kiran Devi wife of Rajesh Kumar, at present Member, Panchayat Samiti, Gram Panchayat Raj, Araut, Chandi, Nalanda.

9. Arbind Kumar, Panchayat Secretary, Gram Panchayat Raj, Sirnawan, Chandi, Nalanda.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Amaresh Kumar For the Respondent/s : Mr. AAG13- ASHOK KR.CHOUDHARY =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 05-07-2017 Inter alia contending that certain encroachments have been made by constructing Samudayik Bhawan on "Dargah" land situated at Survey plot in Khata No.313, Khesra No.1545 area 10 decimals in Village-Araut in Gram Panchayat Raj, Araut under Block of Chandi, Nalanda, this writ petition has been filed in public interest. The Circle Officer in question has filed a detailed counter affidavit and in paras 4, 5 and 6 after enquiry he has stated that there is

Patna High Court CWJC No.10047 of 2016 dt.05-07-2017 2/2 no encroachment as alleged.

Keeping in view the aforesaid, we are not inclined to proceed further in the matter. In case, the petitioner has any further grievance still subsisting, liberty shall be available to the petitioner to initiate proceedings in the matter in accordance to law and the provisions contained in the Bihar Public Land Encroachment Act, 1956.

With the aforesaid, the writ petition stands disposed of. (Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.07.2017 Transmission Date