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Patna High CourtCWJC/22429/2018disposed

Purushottam Kumar Chandramani v. The State Of Bihar And ORS

2022-09-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22429 of 2018 ====================================================== Purushottam Kumar Chandramani son of Radha Prasad, resident at Ashok Nagar, Road No. 10, Police Station Kankarbagh, District Patna. ... ... Petitioner/s

Versus

1.

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

The District Magistrate, Patna.

3.

The Senior Superintendent of Police, Patna.

4.

The Additional District Magistrate, Patna.

5.

The Sub Divisional Magistrate, Sadar, Patna.

6.

The Circle Officer, Sampatchak, District- Patna. 7.

The Station House Officer, Ramkrishna Nagar Police Station, District Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Kumar Sinha, Advocate For the Respondent/s :

Mr.Sajid Salim Khan- SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-09-2022 The present petition has been filed seeking the following reliefs :- "(i) To quash the order dated 31.08.2018 passed by the District Magistrate, Patna in Complaint case no. 528210112081701185/2A dated 27.07.2018 (Annexure-10).

(ii) To issue mandamus to the District Magistrate, Patna to act in accordance with order dated 08.04.2017 passed by the predecessors i.e. District Magistrate, Patna in Complaint case no.

538210108081600328/2A dated 08.04.2017 (Annexure-6) and remove the encroachment

Patna High Court CWJC No.22429 of 2018(2) dt.12-09-2022 2/2 from public land same has been communicated to this petitioner vide letter no. 227 dated 10.4.2017.

(iii) To issue direction to the Respondents to comply the order dated 08.04.2017 in true spirit and act in accordance with law."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Sampatchak, District- Patna for redressal of his aforesaid grievances. Liberty so sought, is granted. It is needless to state that in case, the petitioner approaches the Circle Officer, Sampatchak, District- Patna by filing appropriate petition under the provisions of the Bihar Public Land Encroachment Act, 1956, within a period of four weeks from today, the same shall be considered, in accordance with law and after hearing the affected parties, appropriate orders shall be passed thereon, forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U