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Patna High CourtCWJC/13869/2023dismissed

Md. Sajjad v. The State Of Bihar

2023-09-26The Chief Justice,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13869 of 2023 ====================================================== Md. Sajjad S/o- Late Abdul Kuddush, Resident of Bishanpur Bazar, Ward No.-01, P.S.and Anchal-Kumarkhand, District- Madhepura (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Madhepura. 2.

The District Magistrate Madhepura.

3.

The Circle Officer Kumarkhand, P.S.- Kumarkhand, District- Madhepura. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Das, Advocate For the Respondent/s :

Mr.Rajesh Kumar, AC to GP -3 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 26-09-2023 The petitioner is claiming removal of encroachment from the road. The encroachers have not been made a party in the public interest litigation. The petitioner's contention is that the petitioner moved the public grievance redressal officer who has passed an order in his favour. The District Magistrate is also said to have made an order directing removal of encroachment. We do not know whether the same has been done after hearing the parties.

2. In any event, the petitioner has also a remedy under the Bihar Public Land Encroachment Act, 1956. We are

Patna High Court CWJC No.13869 of 2023 dt.26-09-2023 2/2 unable to find any reason to entertain the writ petition.

3. Writ petition stands dismissed.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 27.09.2023 Transmission Date