Saroj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9330 of 2023 ====================================================== Saroj Kumar Gupta Son of Late Gorakh Nath Prasad, Resident of Village and Post and PS Sanjhauli, District Rohtas (Sasaram). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Home Department, Govt. of Bihar, Patna. 3.

The District Magistrate-cum-Second Appellate Authority, Rohtas (Sasaram). 4.

The Additional District Magistrate-cum-First Appellate Authority, Rohtas (Sasaram).

5.

The Superintendent of Police, Rohtas (Sasaram). 6.

The Sub Divisional Officer, Bikramganj, Rohtas. 7.

The Sub Divisional Officer-cum-Public Grievances Redressal Authority, Bikramganj, Rohtas.

8.

The Circle Officer, Sanjhauli, Rohtas.

9.

The Officer-in-charge, Sanjhauli Police Station, Rohtas. 10.

Shri Bhagwan Sah @ Tunnu Son of Late Butan Sah, Fruit Shop, Resident of Village, P.O. and P.S. Sanjhauli, District Rohtas (Sasaram). 11.

Surendra Prasad Son of Late Ram Nath Sah, Sweets and Tea Shop, Resident of Village, P.O. and P.S. Sanjhauli, District Rohtas (Sasaram). 12.

Pintu Kumar Son of Kamlesh Sah, Resident of Village, P.O. and P.S. Sanjhauli, District Rohtas (Sasaram).

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

For the Petitioner/s :

Mr.Shivjee Singh For the Respondent/s :

Mr.Md. N.H. Khan (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-11-2023 Heard the learned counsel for the parties.

2. The Circle Officer, Sanjhauli, Rohtas has personally appeared and has submitted that re-encroachment has again been removed yesterday which has been supported by the learned counsel for the petitioner.

Patna High Court CWJC No.9330 of 2023(3) dt.28-11-2023 2/2

3. Learned counsel for the petitioner submits that once the writ application is disposed of, the parties may reencroach the land again.

4. On the assurance of the Circle Officer, Sanjhauli, Rohtas that no re-encroachment shall be allowed to be happened on the land in question.

5. The Circle Officer, Sanjhauli, Rohtas is directed to see to it that the land in question is not re-encroached again. She is directed to take appropriate action as and when any encroacher try to encroach the land and for that she will take the help of the local police.

6. The personal appearance of Circle Officer, Sanjhauli, Rohtas is dispensed with.

7. With the aforesaid observation and direction, this application is allowed.

(Sandeep Kumar, J) Shishir/- U