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Patna High CourtCWJC/12722/2023disposed

Binda Singh v. The State Of Bihar

2024-01-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12722 of 2023 ====================================================== Binda Singh Son of Late Mugeshwar Singh resident of Village - Gafuri Chak, P.O. Bedauli, P.S. Masaurhi, District - Patna. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The District Magistrate-cum-Collector, Patna. 4.

The Additional Collector, Patna.

5.

The Sub-Divisional Officer, Masaurhi, District - Patna. 6.

The Deputy Collector Land Reforms, Masaurhi, District - Patna. 7.

The Circle Officer, Masaurhi, District - Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadesh Kumar Mishra, Advocate Mr. Arun Kumar Singh, Advocate For the Respondent/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-01-2024 Heard the learned counsel for the parties.

2. Learned counsel for the petitioner prays that Encroachment Case No. 01/2021-22 under Section 3 of the Bihar Public Land Encroachment Act, 1956 may be directed to disposed of by the Circle Officer, Masaurhi after considering the representation of the petitioner pending before him.

3. Learned counsel for the petitioner submits that there is no encroachment by him and the encroachment case be decided after proper scientific measurement.

4. This court has no hesitation in allowing the

Patna High Court CWJC No.12722 of 2023(2) dt.03-01-2024 2/2 prayer of the petitioner.

5. In view of the prayer, the Circle Officer, Masaurhi, is directed to consider the representation of the petitioner, hear him and get the alleged encroachment measured in presence of the petitioner.

6. The petitioner may take the help of Survey Knowing Advocate Commissioner from his side at the time of measurement.

7. During pendency of encroachment proceeding, the structure of the petitioner shall not be disturbed.

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

(Sandeep Kumar, J) Shishir/- U