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Patna High CourtCWJC/18826/2019disposed

Sonu Kumar @ Sonal Kumar v. The State Of Bihar

2019-09-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18826 of 2019 ====================================================== Sonu Kumar @ Sonal Kumar Son of Satish Sharma Resident of Village and P.O.- Kamta, Police Station- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Govt. of Bihar, Patna.

2.

The District Magistrate Nalanda, Biharsharif. 3.

The Sub- Divisional Magistrate Hilsa, Nalanda. 4.

The Circle Officer Hilsa, Nalanda.

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-09-2019 The present writ petition has been filed to direct the respondent authorities to act in accordance with the order dated 23.08.2018 passed in Encroachment Case No. 20 of 2017-18 by the Circle Officer, Hilsa for removal of the Encroachment made over the Gair Majarua Aam land which is a Rasta, situated in Mauja-Kamta, Thana No. 60, Khata No. 198, Khesra No. 2565 having area of 1 acre 22 decimals.

The attention of this Court has been drawn to the letter dated 26.06.2019 written by the Circle Officer, Hilsa to the Officer In-Charge, Hilsa, Nalanda with regard to providing police force for the purposes of removal of the encroachment on the public land, however, it is the submission of the learned

Patna High Court CWJC No.18826 of 2019(2) dt.13-09-2019 2/2 counsel appearing for the petitioner that till date no action has been taken.

Having regard to the facts and circumstances of the case, this Court directs the Circle Officer, Hilsa to approach the District Magistrate, Nalanda at Bihar Sharif and the Superintendent of Police, Nalanda at Bihar Sharif for the purposes of removal of the encroachment in question. The Circle Officer, Hilsa, Nalanda shall ensure that the encroachment in question is removed within a period of eight weeks of receipt/production of a copy of this order, in case there is no other impediment or the aforesaid order of the Circle Officer, Hilsa, Nalanda, has not been stayed by any higher court of law.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U