Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3014 of 2015 ====================================================== Ajay Kumar, S/o Sri Lekhraj Singh, Resident of Village- Sherpur, Police Station Gurua, District Gaya.

.... .... Petitioner

Versus

1. The State of Bihar through the District Magistrate, Gaya.

2. The District Magistrate-cum-Collector, Gaya.

3. The District Programme Officer, District Gaya.

4. The Sub Divisional Officer, Sherghati, District Gaya.

5. The Executive Engineer, Regional Development Work Division No. 1, Gaya.

6. The Anchal Adhikari, Gurua Anchal, District Gaya.

7. The Officer In-charge, Gurua Police Station, Anchal Gurua, District Gaya.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish, Advocate For the Respondent/s : Mr. Ajay Bihari Sinha, SC-19 Mr. Suryakant Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 04-12-2015 Heard learned counsel for the petitioner and the State. It is surprising to note that now the counter affidavit filed on behalf of the District Magistrate discloses that a library has been constructed by general public of the village without taking permission from any department of the Government. However, since the petitioner is concerned with Plot No.371 having been used in construction of the library concerned and admittedly, as apparent from Annexure-J, a proceeding has been initiated for removal of encroachment by the Anchal Adhikari, Gurua vide Encroachment Case No.04 of 2015-

Patna High Court CWJC No.3014 of 2015 (8) dt.04-12-2015 2/2 16 during the pendency of this writ application, this writ application is being disposed of with a direction to the Circle Officer concerned to bring the aforesaid proceeding to its logical conclusion after granting reasonable opportunity to all the concerned within a period of three months from the date of receipt/production of a copy of this order.

Since the petitioner has filed this writ application, he should also be given opportunity to participate in the proceeding concerned.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U