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Patna High CourtCWJC/1230/2021disposed

Awadhesh Kumar v. The State Of Bihar

2022-07-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1230 of 2021 ====================================================== Awadhesh Kumar Son of Sri Nandan Prasad Singh Resident of Village and Post Office- Dighra Rampur Sah, Police Station- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Muzaffarpur. 2.

The Sub Divisional Magistrate, East Muzaffarpur. 3.

The Circle Officer, Musahari, Muzaffarpur.

4.

Manoj Kumar Singh Son of Late Jagannath Prasad Singh Resident of Village- Rampur Sah, Police Station- Sadar, District- Muzaffarpur. 5.

Saket Bihari Son of Kameshwar Prasad Singh Resident of Village- Dighra Rampur Sah, Police Station- Sadar, District- Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mazharul Hassan For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr. Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2022 The present writ petition has been filed to direct the Circle Officer, Musahari, Muzaffarpur i.e. the Respondent No. 3 to remove the encroachment made over public road situated over plot no. 1678, khata no. 448, at Harpur Bakhari, thana no. 276, Anchal-Musahari, District-Muzaffarpur.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Respondent No. 3, by filing appropriate petition under the provisions of the

Patna High Court CWJC No.1230 of 2021(2) dt.28-07-2022 2/2 Bihar Public Land Encroachment Act, 1956 however, seeks a direction upon the Respondent No. 3 to take appropriate action, in accordance with law. Liberty, so sought, is granted.

It is needless to state that in case, appropriate petition is filed by the petitioner before the Respondent No. 3 within a period of four weeks from today, the Respondent No. 3 shall consider the same and pass appropriate orders thereon, in accordance with law, within a period of twelve weeks, thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U