Dhrubnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4759 of 2008 ====================================================== Dhrubnath Singh Son of Ram Ayodhya Singh Resident of Village and Post Kothian, P.S. and Anchal- Jalalpur District- SaranChapra. .. ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Commissioner, Saran Division, Chapra.

3.

The Collector Saran, Chapra.

4.

The Additional Collector, Saran, Chapra.

5.

The Sub-Divisional Officer, Sadar, Chapra.

6.

The Circle Officer, Jalalpur, Chapra.

7.

The Circle Inspector, Jalalpur, Chapra.

8.

The Anchal Amin, Jalalpur, Chapra.

9.

Rajballam Singh Son of late Shriram Singh R/o Village- Kothian, P.S. Jalalpur, Distt. Chapra.

10.

Manoj Singh Son of late Madan Singh Resident of Village Kothian, P.S. Jalalpur, Chapra.

11.

1.

Braj Bhushan Singh 11.

2.

Madhu Bhushan Singh Both Sons of late Suraj Singh 12.

1.

Dipak Kumar Singh 12.

2.

Bunty Kumar Singh Both Sons of late Gajendra Singh, all are residents of Village Kothian, P.S. Jalalpur, Chapra.

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

For the Petitioner/s :

Mr.Gyan Prakash For the Respondent/s :

Mr. Rakesh Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-07-2019 The Circle Officer, Jalalpur, Saran Chapra by an order dated 13.09.2002 passed in encroachment proceedings, copy whereof has been placed at Annexure-2 to the present writ petition, as also by subsequent directions issued by the Circle Officer, Jalalpur vide order dated 12.06.2007 has directed for

Patna High Court CWJC No.4759 of 2008(8) dt.12-07-2019 2/2 removal of the encroachment in question created by the private respondents, however it is the submission of the learned counsel for the petitioner that the encroachment have not been removed till date.

Having regard to the short prayer made by the petitioner herein, I direct the Circle Officer, Jalalpur, Saran at Chapra to enforce his aforesaid orders and ensure removal of the encroachment within a period of 08 weeks from the date of receipt/ production of a copy of this order, in case, the aforesaid orders passed by the C.O., Jalapur, Saran at Chapra, have not either been annulled by a higher Court of law or in case, there is no other impediment. If need be, the Circle Officer may requisition police force.

It may be relevant to state that despite valid service of notice, the private respondents have failed to appear and put forth their defence, obviously since they do not have any defence.

The present writ petition stands disposed off with the aforesaid directions.

(Mohit Kumar Shah, J) rinkee/- U