Dhirendra Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15565 of 2014 ====================================================== Dhirendra Kumar son of Late Vijay Kumar Ojha, R/o village- Bherkhiya, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Commissioner, Tirhut Division, Muzaffarpur. 2.

The District Magistrate, East Champaran at Motihari 3.

The Circle Officer, Chakia, East Champaran 4.

The Officer Incharge of Pipra Police Station, East Champaran 5.

Ram Chandra Sah son of Shankar Sah 6.

Sakal Sah son of Shankar Sah Both resident of village Bherkhiya, P.S.- Pipa, District- East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Advocate For the Respondent/s :

Mr.Amar Nath Deo ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this writ application is being filed for directing the concerned respondent authorities to give effect to their own order passed in Land Encroachment Case No. 1 of 2012-13 whereby vide order dated 30.11.2012 the private respondent nos. 5 and 6 were declared encroacher and direction had been issued for removal of the encroachment made by them over public road pertaining to Khata No. 199 Khesra No. 978 in village Bherkhiya, P.S.- Pipra, District- East Champaran but till date no removal has taken place in spite of

Patna High Court CWJC No.15565 of 2014(3) dt.08-05-2024 2/2 assurance given by the concerned officials."

2. At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, East Champaran at Motihari for enforcement of the order dated 30.11.2012, passed by the Circle Officer, Chakia, East Champaran at Motihari, in connection with Encroachment Case No.01 of 2012-13. Liberty so sought is granted.

3. It is needless to state that in case the encroachment in question has not stood removed and in case there is no other legal impediment, the District Magistrate, East Champaran at Motihari shall take appropriate steps, in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

4. The writ petition stands disposed off.

(Mohit Kumar Shah, J) Saurav/- U