Amir Chandra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19679 of 2014 ====================================================== Amir Chandra Yadav Son of Late Mohan Yadav Resident of village - Malti, Post - Orhara, P.S. Rajoun, District - Banka ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The District Magistrate, Patna 3.

The Circle officer, Rajoun Anchal, District Banka 4.

Manikant Yadav Son of Late Sushil Yadav Resident of Village - Malti, Post - Orhara, P.S. Rajoun, District - Banka 5.

Umakant Yadav Son of Late Sushil Yadav Resident of village - Malti, Post - Orhara, P.S. Rajoun, District - Banka ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rananjay Kumar, Advocate Mr.Harish Chandra Patel, Advocate For the Respondent/s :

Mr.GA-13 Mr.Amit Prakash, AC to GA-13 Mr.Amrit Anand, AC to GA-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) For Issuance of writ in the nature of mandamus commanding and directing the Respondents to look Into the matter which was brought by this Petitioner regarding encroachment of the Aarm Rastha by Respondent no 4 and 5 and remove such encroachment keeping in mind the enquiry report of Anchal Amin.

(ii) For holding and declaration that Enquiry Report of Anchal Amin (Annexure-1) as

Patna High Court CWJC No.19679 of 2014(3) dt.10-07-2024 2/2 submitted before Anchaladhikari, Respondent no 3 is perfect and fit for taking action by removing the encroachers."

2. At the outset, the learned counsel for the respondent-State submits that the encroachment in question has stood removed, which is refuted by the learned counsel appearing for the petitioner, who submits that the rubble is still lying on the land in question.

3. In view of the aforesaid, I direct the District Magistrate, Banka to ensure removal of rubble lying over the land in question, within a period of 48 hours from today, in case the same is yet to be removed.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U