Patna High CourtCWJC/611/2016disposed

Basisth Ojha v. The State Of Bihar And ORS

2016-03-09Mr. Justice Dr. Ravi Ranjan2 pages

Patna High Court CWJC No.611 of 2016 (2) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.611 of 2016 ====================================================== Basisth Ojha, s/o - Late Sukrit Nath Ojha, r/o Vill. - Hussaini Tola, Siswa, P.S. - Dumariya Ghat, Dist.- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar through District Magistrate East Champaran at Motihari.

2. S.D.M. Chakiya, Dist. East Champaran.

3. Anchal Adhikari, Kesariya, Dist. East Champaran.

4. S.H.O. Dumariya Ghat Police Station, Dist. East Champaran.

5. Bhirgunath Ojha S/o - Late Raja Ojha

6. Harendra Ojha S/o - Late Raja Ojha

7. Umashankar Ojha S/o - Late Raja Ojha Respondent 5 to 7 residents of Vill. - Hussaini Tola, Siswa, P.S. Dumariya Ghat Circle Office - Kesariya, Dist. East Champaran. .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Singh, Advocate For the State : Mr. Ratnakar Ambastha, AC to GP 13 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-03-2016 On limited prayer having been made at the time of hearing, this writ application is being disposed of, without going into the merits of the case, granting liberty to the petitioner to approach the Circle Officer, Kesariya, Dist- East Champaran for removal of encroachment from public road by filing a proper petition. On such petition being filed by the petitioner, let the Circle Officer examine the matter and if he is satisfied that there is some encroachment on the public land then he would be obliged to initiate a proceeding and, after granting liberty to all the concerned, he would pass a final order in that regard and bring the

Patna High Court CWJC No.611 of 2016 (2) dt.09-03-2016 proceeding to its logical conclusion. However, if he is not satisfied regarding any encroachment upon the public land then he would be required to pass a reasoned order which should be communicated to the petitioner.

(Dr. Ravi Ranjan, J.) rinkee/- U