Karu Choudhary, v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19987 of 2021 ====================================================== Karu Choudhary, Son of Walo Chaudhary, Resident of Mohalla - Jail Road, Near Ganji Mill, Jawaripur, Tilkamanjhi, Police Station - Tilkamanjhi, District - Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Commissioner, Bhagalpur Division, Bhagalpur. 3.

The District Magistrate, Bhagalpur.

4.

The S.D.O., Sadar, Bhagalpur.

5.

The Land Acquisition Officer, Bhagalpur.

6.

The Circle Officer, Jagdishpur, Bhagalpur.

7.

The S.H.O., Tilkamanjhi, Bhagalpur.

8.

The Principal, Jawaharlal Nehru Medical College and Hospital, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Respondent/s :

Mr.S. D. Yadav ( Aag9 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-03-2024 Heard Mr. Y.V. Giri; learned senior counsel for the petitioner and learned counsel for the respondents.

2. The learned counsel for the petitioner has tried to convince this court by relying on some letters of District Administration that he could not have been forcibly evicted from the land in question over which a boundary wall of a medical college has been constructed.

3. As no execution proceeding has been initiated by the State of Bihar after succeeding in Second Appeal No.

Patna High Court CWJC No.19987 of 2021(4) dt.06-03-2024 2/2 279 of 1999.

4. In my opinion, this writ petition can be disposed of giving the following direction(s):- 4(1). The petitioner may prefer a Civil Review in view of the subsequent development i.e. the letters of the District Administration that the land of the petitioner was never acquired and the Jamabandi is running in the name of the petitioner.

4(2). The State may file an Execution Case for execution of the decree as per the order passed by this Court in the Second Appeal.

5. The petitioner is also given liberty to file an appropriate application in the review application for any interim order.

6. This application stands disposed of with the aforesaid directions.

(Sandeep Kumar, J) Shishir/- U