← Library
Patna High CourtCWJC/11345/2023disposed

Navin Kumar v. The State Of Bihar

2023-12-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11345 of 2023 ====================================================== Navin Kumar S/o Nand Kumar Sharma, R/o Village-Lakshrampur, P.s.- Kalyanpur, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

2.

The District Magistrate, Samastipur.

3.

The Sub-Divisional Officer, Sadar, Samastipur. 4.

The Additional Collector, Samastipur.

5.

The Circle Officer, Kalyanpur Block, Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Thakur For the Respondent/s :

Mr.Md. Khurshid Alam ( Aag 12 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-12-2023 This is an application for direction to the respondent authorities particularly District Magistrate, Samastipur to take steps pursuant to the order dated 26.05.2023 passed by the respondent Additional Chief Secretary, Revenue and Land Reforms Department.

2. The prayer of the petitioner is that despite an encroachment order being passed way back in the year 2021 in Encroachment Case No. 30 of 2019-20, the encroachment is not being removed because no police force etc., is being provided to the Circle Officer.

3. This application is disposed of with liberty to the

Patna High Court CWJC No.11345 of 2023(2) dt.04-12-2023 2/2 petitioner to represent before Sub-Divisional Officer, Sadar, Samastipur that encroachment proceeding have become final and the order has not been challenged and the encroachment should be removed.

4. The Sub-Divisional Officer, Sadar, Samastipur will enquire from the encroachers as to whether any order has been passed in appeal or by this court in any case filed by the alleged encroachers. If no such order is found to have been passed in favour of the encroachers, then Sub-Divisional Officer, Sadar, Samastipur shall remove the encroachment within 15 days of communication of this order.

5. With the aforesaid observation and direction, this application is disposed of.

6. Let a copy of this order be communicated to the District Magistrate, Samastipur through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U