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Patna High CourtCWJC/4760/2015disposed

Satya Narayan Mahto v. The State Of Bihar And ORS

2016-01-06Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4760 of 2015 =========================================================== Satya Narayan Mahto S/o Late Ram Prasad Mahto, resident of village - Ghuski Patti, P.O. - Gahuma Bairia, P.S. Phulparas, District - Madhubani. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Divisional Commissioner, Darbhanga Division, Darbhanga.

3. Collector, Madhubani.

4. Additional Collector, Madhubani.

5. Deputy Collector Land Reforms, Phulparas, District - Madhubani.

6. Sub Divisional Officer, Phulparas, District - Madhubani.

7. Circle Officer, Phulparas, District - Madhubani.

8. Jagdish Mahto S/o Late Asarfi Mahto resident of village - Ghuski Patti, P.O. - Gahuma Bairia, P.S. Phulparas, District - Madhubani. .... .... Respondents =========================================================== Appearance :

For the Petitioner : M/s. Gagan Deo Yadav and Dr. Leelawati Kumari, Advocates For the State : Mr. Shiv Kumar, A.C. to G.A.7 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 06-01-2016 I have heard learned counsel for the petitioner and the State.

Grievance of the petitioner is that an encroachment case was initiated for removal of encroachment from Khesra No.3135 of Mouza Gehuma Bairia, District Madhubani which is "Aam Rasta" but was encroached by the respondent no.8. However, it appears that a notice was issued not only respondent no.8 but also upon the petitioner finding him also to have encroached a part of the land. It is submitted that petitioner has removed the encroachment but no action

Patna High Court CWJC No.4760 of 2015 dt.06-01-2016 2/2 has been taken against respondent no.8.

That being the situation, this writ application is being disposed of, without going into the merit of the case, directing the respondent no.7, i.e., Circle Officer, Phulparas, District- Madhubani to bring the concerned encroachment case to its logical conclusion within a period of three months from the date of receipt/production of a copy of this order if the same has already not been done. (Dr. Ravi Ranjan, J) N.H./- U