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Patna High CourtCWJC/13480/2019disposed

Jitendra Kumar v. The State Of Bihar

2019-08-13Mr. Justice Jyoti Saran,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13480 of 2019 ====================================================== Jitendra Kumar S/o Late Vir Bahadur Singh Resident of Village Raghopur,P.S. Bakhtiyarpur,Dist. Patna ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Rural Engineering Organization,Govt. of Bihar,Patna 3.

The Principal Secretary, Rural Development Department,Govt. of Bihar,Patna 4.

The Principal Secretary, Road Construction Department,Govt. of Bihar,Patna 5.

The District Magistrate, Patna 6.

The Sub-Divisional Officer, Barh,Patna 7.

The Block Development Officer, Bakhtiyarpur,Patna 8.

The Circle Officer, Bakhtiyarpur,Patna 9.

The Nagar Parishad, Bakhtiyarpur,Patna through its Chairman. 10.

The Chairman, Nagar Parishad,Bakhtiyarpur,Patna 11.

The Executive Officer, Nagar Parshad,Bakhtiyarpur,Patna 12.

The Senior Superintendent of Police, Patna 13.

The Superintendent of Police, Barh,Patna 14.

Nawal Singh S/o Ram Babu Singh R/o Raghopur,Bakhtiyarpur,Patna 15.

Rabindra Singh S/o Late Mamla Singh Resident of Village Raghopur,P.S.Bakhtiyarpur,Dist.Patna 16.

Satish Singh S/o Late Kamla Singh Resident of Village Raghopur,P.S.Bakhtiyarpur,Dist.Patna 17.

Mantu Singh S/o Late Kamla Singh Resident of Village Raghopur,P.S.Bakhtiyarpur,Dist. Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhinay Raj For the Respondent/s :

Mr.Pushkar Narain Shahi (Aag6) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 13-08-2019 Heard Mr. D.K. Sinha, learned Senior counsel for

Patna High Court CWJC No.13480 of 2019(2) dt.13-08-2019 2/2 the petitioner and learned counsel for the State. The petitioners complain of encroachment on public land situated in Ward Nos.18,24, 25,26 and 29, Khata No. 264 Khesra No741, Mauza- Madhopur having an area of 11 decimals in village Raghopur, P.S. Bakhtiyarpur, in the district of Patna.

Although a statement is made at paragraph 7 that such complaint was filed before the Circle Officer, Bhakhtiyarpur but no copy of any such application is on record. In such view of the matter we dispose of this writ petition allowing the petitioner to approach the Circle Officer concerned with the complaint made and who shall consider and dispose of the same bearing note of the stipulations present in the Bihar Public Land Encroachment Act, 1956 by affording opportunity of hearing to the complainant as well as the alleged encroachers which disposal be done within 6 months from the date of receipt/ production of a copy of this order. (Jyoti Saran, J) Bibhash/- ( Partha Sarthy, J) U