Anjani Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14193 of 2019 ====================================================== Anjani Kumar Sinha S/o Late Awadh Prasad Resident of Village-Ishopur,P.S. Khusrupur,Dist.-Patna,At Present Residing At Mohalla-Rajendra Nagar,Road No.6A.P.S. Kadamkuan,Town and Dist.Patna ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Revenue and Land Reforms Department,Govt. of Bihar, 3.

The Collector Patna, Patna 4.

The Circle Officer, Patna Sadar,Patna 5.

The Engineer-in-Chief, Road Construction Department,Bihar,Patna 6.

The Executive Engineer, Road Construction Department,Gulzarbagh(Patna City),Patna 7.

The Chief Engineer, Road Construction Department, Vishweshwaraiya Bhawan, (Technical Secretariat),Bailey Road,Patna 8.

The Land Acquisition Officer, Patna 9.

The Senior Superintendent of Police, Patna 10.

The Station House Officer, Bye-pass Thana,Patna 11.

Raj Kumar Bind S/o Banshi Bind Resident of Begumpur,Sidhe Bazar,P.S. Bye-pass,Patna, PIN-800009.

12.

Surendra Yadav Son of (neme not known to the petitioner) Resident of Village Khajekalan Near Water Tank,P.S. Khajekalan,Dist.Patna 13.

Smt. Pushpa Devi Banka W/o Late Banwari Banka Resident of Mohalla Satti Chaura Mandir,Bahari Begumpur,P.S. Bye-Pass,Patna City,Dist.- Patna,PIN-800009.

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

For the Petitioner/s :

Mr.Jitendra Kishore Verma For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-07-2019 The present writ petition has been filed seeking following reliefs:- (I) For a direction/ order upon the learned Circle Officer, Patna Sadar, respondent no.4 to hear and decide the

Patna High Court CWJC No.14193 of 2019(2) dt.16-07-2019 2/3 petition dated 07.06.2019 filed by the petitioner in Land Encroachment Case no. 01 of 2019-20 after recalling order dated 30.5.2019 passed without noticing or hearing the petitioner in the aforesaid land Encroachment Case No. 01 of 2019-20 contrary to the spirit and direction of the order dated 06.1.2018 passed by a Division Bench of this Hon'ble High Court in Civil Review No. 125 of 2018 despite knowledge thereof and thereby violated principles of natural justice also and is endlessly keeping the petitioner's petition dated 07.06.2019.

(ii) For alternatively, if necessary, by setting aside the order dated 30.05.2019 passed in Land Encroachment Case No. 01 of 2019-20 without noticing or hearing the petitioner in violation of natural justice and in defiance of order dated 06.10.2018 passed in Civil Review No. 125 of 2018 on its production as neither the application for certified copy is being accepted nor the certified copy is being supplied. (iii) For staying the effect and operation of order dated 30.05.2019 passed in Land Encroachment Case No. 01 of 2019-20 till adjudication on petitioner's petition dated 07.06.2019.

(iv) For grant of any other relief(s) which the

Patna High Court CWJC No.14193 of 2019(2) dt.16-07-2019 3/3 petitioner may be entitled to get."

Having regard to the prayers made by the petitioner in the present writ petition, the respondent no.4 is directed to grant opportunity of hearing to the petitioner and dispose of the recall petition dated 7.6.2019, if not already disposed, within a period of six months from today.

The writ petition stands disposed of with the aforesaid direction.

(Mohit Kumar Shah, J) Tiwary/- U