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Patna High CourtCWJC/9762/2023disposed

Shatrudhan Prasad v. The State Of Bihar

2023-11-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9762 of 2023 ====================================================== Shatrudhan Prasad Son of Raghubir Sah, Resident of Ward No. 14 Govindapur, P.S. - Harsidhi, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms Dept., Govt. of Bihar, Patna.

3.

The District Magistrate-Cum-Collector, East Champaran, Motihari. 4.

The District Education Officer, District - East Champaran, Motihari. 5.

The District Programme Officer, District - East Champaran, Motihari. 6.

The Anchaladhikari, Harsidhi, District - East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-11-2023 Heard the parties.

2. This application has been filed on behalf of the petitioner for removal of the encroachment from the land relating to the Rajkiya Primary School, Govindpur and also for removal of the encroachment in the light of the letter bearing Memo No. 109 dated 04.02.2010 issued by the District Superintendent of Education-cum-District Programme Convener, East Champaran, Motihari.

3. The learned counsel for the State submits that after cancellation of the Jamabandi the encroachment will be

Patna High Court CWJC No.9762 of 2023(2) dt.28-11-2023 2/2 removed and the matter is pending before the Additional Collector, East Champaran, Motihari.

4. In these circumstances, the Additional Collector, East Champaran, Motihari is directed to take a decision in the matter of jamabandi cancellation in accordance with law within four weeks from the date of receipt/communication of a copy of this order and thereafter will take a decision for removal of the encroachment.

5. With the aforesaid directions this application is disposed of.

6. Let a copy of this order be communicated to the Collector, East Champaran, Motihari through FAX and e-Mail for its compliance forthwith.

(Sandeep Kumar, J) Vikas/- U