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Patna High CourtCWJC/1669/2016disposed

Ramji Yadav v. The State Of Bihar And ORS

2016-11-30Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1669 of 2016 =========================================================== Ramji Yadav Son of Rup Dewan Yadav Resident of village- Bengahi, P.S. Tandawa District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate cum Collector, Aurangabad.

3. The Sub Divisional Officer Aurangabad.

4. The Circle Officer Navinagar District- Aurangabad

5. Raj Kumar Yadav Son of Late Pachu Yadav Resident of Village- Begahi Tola, Mahua Bigaha P.S. Tandawa District- Aurangabad. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arabind Nath Pandey, Advocate. For the Respondent/s : Mr. Prakritita Sharma, AC to SC 25 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 30-11-2016 Heard learned counsel for the petitioner and the State. It is contended by the learned counsel for the petitioner that Encroachment Case No. 03/2013-14 was initiated by which the part of encroachment upon public road was removed but the Debris is still lying there which is apparent from Annexure 5. Thereafter, the encroachers including the private respondent No. 5 have again started encroaching the public road.

In view of such, this writ application is disposed of with direction to the District Magistrate, Aurangabad to examine this matter and if any encroachment is found upon concerned public road then it should be removed in accordance with law after granting

Patna High Court CWJC No.1669 of 2016 dt.30-11-2016 2/2 reasonable opportunity to all the concerned, including the private respondent within a period of three months from the date of receipt/production of a copy of this order and no debris should be allowed to be kept on or beside the public road after removal of encroachment.

(Dr. Ravi Ranjan, J) Prakash/- AFR/NAFR NA CAV DATE NA Uploading Date 04.03.2017