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Patna High CourtMJC/1939/2021disposed

Horil Paswan, v. Shri Vivek Kumar Singh,

2023-12-04Mr. Justice P. B. Bajanthri,Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1939 of 2021 In Civil Writ Jurisdiction Case No.3947 of 2021 ====================================================== Horil Paswan, Son of Yadu Nandan Paswan, Village and Post - Singhara, Circle - Dulhin Bazar, P.S. - Dulhin Bazar, District - Patna. ... ... Petitioner/s

Versus

1.

Shri Vivek Kumar Singh, the State of Bihar through the Principal Secretary, Revenue and Reforms Department, Govt. of Bihar, New Secretariat, Baily Road, Patna - 800015.

2.

Shri Chandar Sekhar, the District Magistrate, District - Collector at Office, District - Patna - 800003.

3.

Shri Mukesh Kumar, the Sub- Divisional Officer, Sub-Division- Paliganj, District - Patna.

4.

Shri Lalit Bhushan Ranjan, the Deputy Collector of Land Reforms (D.C.L.R.), Sub-Division - Paliganj, District - Patna. 5.

Shri Pardeep Kumar, the Block Development Officer, Block - Dulhin Bazar, District - Patna.

6.

Shri Nagendra Kumar, the Circle Officer, Circle - Dulhin Bazar, District - Patna.

7.

Jahid Hussain, Son of Late Mohamad Hussain, Resident of Village and Post - Singhara, Circle - Dulhin Bazar, P.S. - Dulhin Bazar, District - Patna. 8.

Mithu Miya, Son of Late Mohamad Hussain, Resident of Village and Post - Singhara, Circle - Dulhin Bazar, P.S. - Dulhin Bazar, District - Patna. 9.

Sithu Miya, Son of Late Mohamad Hussain, Resident of Village and Post - Singhara, Circle - Dulhin Bazar, P.S. - Dulhin Bazar, District - Patna. 10.

Munna Miya, Son of Late Mohamad Hussain, Resident of Village and Post - Singhara, Circle - Dulhin Bazar, P.S. - Dulhin Bazar, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayram Sharma For the Opposite Party/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 04-12-2023 The present MJC is filed for non-compliance of the order dated 29.06.2021 passed in CWJC No. 3947 of 2021.

Patna High Court MJC No.1939 of 2021(2) dt.04-12-2023 2/2

2. The grievance of the petitioner is in respect of certain land which were stated to have been encroached and those encroached land were required to be removed. Based on the petitioner's representation and relevant document the concerned authority proceeded to initiate action and in respect of one land the matter is pending consideration before the concerned authority. In respect of another land is concerned it is stated that it is a private land and revenue records stands in the name of private person. Therefore, question of removal of encroachment was not warranted. Taking note of these facts and circumstances the present MJC-contempt petition stands dropped.

3. The concerned authority is hereby directed to expedite the encroachment proceedings to be completed within a reasonable period of six months from today. If the encroachment proceedings if not completed within a time limit of six months in that event petitioner is at liberty to file interlocutory application to revive this order after lapse of six months.

4. With the above observation, the present MJCcontempt petition stands dropped. (P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) abhishekkr/- U