Malik Haider @ Malih Haider v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15266 of 2015 ====================================================== Malik Haider @ Malih Haider .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pratap Sharma For the Respondent/s : Mr. Shama Sinha, AC to AAG -9 For the Intervenor : Mr. Abdul M. Khan, Advocate Mr. Irshad Ahmad Khan, Advocate.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-09-2016 Heard learned Counsel for the parties concerned. Considering the fact that the land, which the private respondent is alleged to have encroached upon, has already been recorded in the revenue records as the land of the private respondent and jamabandi No. 289 has been issued in his favour and the State-respondents have already filed a case for cancellation of the said jamabandi bearing Jamabandi Correction Case No. 01/2012-13, this Public Interest Litigation, made under Article 226 of Constitution of India, cannot be continued and is, therefore, closed with liberty granted to the petitioner to approach this Court with appropriate application, in future, if so advised, and/or take recourse to such provisions of law as may be permissible

Patna High Court CWJC No.15266 of 2015 (3) dt.19-09-2016 2/2 It is directed that the Circle Officer, Raghunathpur, district Siwan, shall proceed with the said Jamabandi Cancellation Case aforementioned expeditiously and do the needful in accordance with law. The whole exercise, so directed, shall be completed within a period of three months from today. Let a copy of this order be furnished to the learned Government Counsel for being communicated to the Circle Officer, Raghunathpur, District-Siwan.

Send also a copy of this order, by FAX, to the District Magistrate, Siwan, forthwith.

(I.A. Ansari, CJ) (Anjana Mishra, J) sunil/- U