Surendra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1379 of 2013 In Civil Writ Jurisdiction Case No. 921 of 2012 ====================================================== Surendra Prasad Singh, S/O Ram Kuber Singh, R/O Village - Karma, P.O. + P.S. Kudra, District - Kaimur at Bhabhua .... .... Petitioner

Versus

1. The State of Bihar through Mr. Ashok Kumar Sinha, the Chief Secretary, Government of Bihar, Patna

2. Mr. Arbind Kumar Singh, the District Magistrate, Kaimur at Bhabhua

3. Mr. Rakesh Ranjan, the Sub Divisional Magistrate, Mohania, District - Kaimur at Bhabhua

4. Mr. Md. Ashlam, the Block Development Officer, Kudra Block, Kaimur at Bhabhua

5. Mr. Pramod Kumar Chaubey, the Circle Officer, Kudra Block, District - Kaimur at Bhabhua

6. Mr. Sanjeev Kumar, the Land Reform Deputy Collector, Kaimur at Bhabhua .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sudama Singh, Advocate Mr. Rajani Kant Singh, Advocate For the S t a t e : Mr. Rajeshwar Singh, G.A.-10 Mr. R.B.N. Singh, A.C. to G.A.-10 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the learned counsel appearing for the Opposite Parties. By order dated 13.04.2017, this Court had directed the District Magistrate, Kaimur at Bhabua (O.P. No.2) to be personally present and ensure that the order of this Court is complied with in letter and spirit. The earlier affidavit filed by opposite parties has not been accepted by this Court. In pursuance of the aforesaid order dated 13.04.2017,

Patna High Court MJC No.1379 of 2013 (20) dt.27-04-2017 2/2 the District Magistrate, Kaimur at Bhabua (O.P. No.2) is personally present in Court today. A show cause has also been filed on his behalf showing substantial compliance of the order passed by this Court. It appears from the statements made in the present affidavit that not only the offending encroachment has been removed, but instruction has also been issued to Station House Officer, Kudra to depute a Chowkidar over the land in dispute so that no such encroachment shall come up in future. Having considered the entire facts and circumstances and the statements made in the affidavit filed by the District Magistrate, Kaimur at Bhabua, it appears that there has been substantial compliance of the order of this Court. Accordingly, the present M.J.C. application need not proceed further and is disposed of.

The personal appearance of the District Magistrate, Kaimur at Bhabhu stands dispensed with.

(Anjana Mishra, J) PNM U