Sobha Lal And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10982 of 2013 ===========================================================

1. Sobha Lal, Wife of Shyam Nandan Lal, Resident Of Mohalla - Mohanpur Road South Of DAV School, P.S. Mufassil, District - Samastipur

2. Abha Kumari 'Pushp' Wife Of Lalan Prasad Kanth Resident Of Mohalla - Mohanpur Road South Of DAV School P.S. Muffasil, District - Samastipur, At Present Residing At Mohalla - Kashipur, P.S. Mufassil, District - Samastipur

3. Amlendu Kumar Pandey Son Of Ram Naresh Pandey R/O Mohalla - Mohanpur Road South Of DAV School P.S. Muffasil, District - Samastipur At Present Resident Of Village Chaita ( Hasanpur Sagma ) P.S. Angarghat, District - Samastipur .... .... Petitioners

Versus

1. The State Of Bihar through District Magistrate Samastipur

2. Circle Officer Samastipur District Samastipur

3. Superintendent Of Police Samastipur

4. Kameshwar Singh Son Of Ram Sundar Singh R/O Mohalla - Adarsh Nagar Gali No.1b, P.S. Muffassil, District - Samastipur

5. Prabha Devi Wife Of Gobardhan Yadav At Present Posted As Development Officer L.I.C. Of India P.S. Madhepura, District - Madhepura

6. Sunil Singh Son Of Lakshmi Singh R/O Mohalla - Mohanpur Road Near Dav School, P.S. Mufassil District - Samastipur

7. Sanjay Kumar Sinha Son Of Late Shiv Shankar Prasad R/O Mohalla - Mohanpur Road, Adarsh Nagar 1b P.S. Mufassil District - Samastipur .... .... Respondents =========================================================== Appearance :

For the Petitioners : Mr. Banesh Kumar, Advocate For the State : Mr. Brajesh Kumar, A.C. to A.A.G. 4 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 22-12-2016 In view of the limited prayer made at the time of hearing, this writ application is being disposed of with a liberty to the petitioner to approach the District Magistrate, Samastipur to file a fresh representation setting out his grievance. On such representation having been filed, let him examine the issue regarding the

Patna High Court CWJC No.10982 of 2013 dt.22-12-2016 2 / 2 encroachment of any public land or Rasta as claimed by the petitioner on its own merit and in accordance with law expeditiously preferably within a period of four months from the date of receipt/production of a copy of this order, as counter affidavit does not disclose that order was passed by the Circle Officer holing that there is no encroachment on any public land. It is merely being stated in the counter affidavit that map does not show public Rasta.

(Dr. Ravi Ranjan, J) Sanjay-II/- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.03.2017 Transmission Date NA