Shivji Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.652 of 2019 ====================================================== Shivji Mishra S/o Paramhansh Mishra, R/o Village- Bhalua Khurd, PSMajhauli, District- Saran. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Saran.

3.

The Sub Divisional Officer Majhi, District- Saran. 4.

The Circle Officer, Majhi, District- Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Kant For the Respondent/s :

Mr.Rishi Raj Sinha- Sc19 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 In the instant case, the petitioner is aggrieved by the arbitrary action of the respondents.

Learned counsel submits that respondents ought to have done measurement and only after measurement, if any encroachment is found the respondents are justified in passing the order but in the instant case without any measurement and without opportunity of hearing the order of removal of encroachment was passed.

Considering the stage of proceeding, the writ petition is disposed of with liberty to the petitioner to file exhaustive show cause indicating therein that there is no encroachment by the petitioner and if such explanation is submitted by the

Patna High Court CWJC No.652 of 2019(2) dt.29-04-2019 2/2 petitioner, it shall be obligation of Anchal Adhikari, Saran to cause measurement and if it is found after measurement that encrochment has been done by the petitioner, the petitioner may be asked to remove the encroachment.

Necessary decision as to removal of encroachment may be done after hearing the petitioner within a period of sixty days from the date of receipt/production of a copy of this order. With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U