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Patna High CourtCWJC/11112/2022disposed

Lila Shankar Pandey @ Leela Shankar Pandey v. The State Of Bihar

2022-09-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11112 of 2022 ====================================================== Lila Shankar Pandey @ Leela Shankar Pandey Son of Ram Naresh Pandey, Resident of Village - Balwa, Post Office - Damodarpur, Police Station - Pipra, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate cum Collector, East Champaran, Motihari. 3.

The Additional District Collector Land Reforms and Revenue, District - East Champaran, Motihari.

4.

The Sub Divisional Officer, Sub Division Chakia, District- East Champaran. 5.

The Circle Officer, Circle- Chakia, District- East Champaran, Motihari. 6.

The Superintendent of Police, District- East Champaran, Motihari. 7.

The Dy. S.P. Chakia, District- East Champaran, Motihari. 8.

The Officer In Charge, Police Station - Pipra, District- East Champaran, Motihari.

9.

Ram Sewak Ram, Son of Late Jhapas Ram, Resident of Village - Balwa, Post Office - Damodarpur, Police Station - Pipra, District- East Champaran at Motihari.

10.

Ram Sharan Ram, Son of Late Jhapas Ram, Resident of Village - Balwa, Post Office - Damodarpur, Police Station - Pipra, District- East Champaran at Motihari.

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

For the Petitioner/s :

Mr.Upendra Kumar Chaubey, Advocate For the Respondent/s :

Mr.Sajid Salim Khan (SC 25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-09-2022 A counter affidavit has been filed by the District Magistrate, East Champaran at Motihari, wherein, in paragraph no. 9, it has been stated that encroachment has been removed from the land in question, however, the learned counsel for the petitioner has submitted that one hut is still remaining to be removed.

Patna High Court CWJC No.11112 of 2022(3) dt.22-09-2022 2/2 In such view of the matter, the District Magistrate, East Champaran at Motihari is directed to ensure that no unauthorized structure exists over the land in question as also it will be incumbent upon him and the Superintendent of Police, East Champaran at Motihari to ensure that no encroachment re-surfaces over the land in question and in case, it is brought to the notice of this Court that any encroachment has re-surfaced, this Court shall be constrained to take punitive action against the District Magistrate and the Superintendent of Police, East Champaran at Motihari.

The writ petition stands disposed off with the aforesaid directions.

(Mohit Kumar Shah, J) rinkee/- U