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Patna High CourtCWJC/9996/2015disposed

Ram Prit Paswan v. The State Of Bihar And ORS

2024-08-21Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9996 of 2015 ====================================================== Ram Prit Paswan Son of Shri Nathuni Paswan, Resident of Village- Bheja, Post Office- Bheja, Police Station- Bhenja, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Madhubani.

3.

The Superinetndent of Police, Madhubani.

4.

The Sub-Divisional Officer, Jhanjharpur, District- Madhubani. 5.

The Anchal Adhikari, Madhepur, Police Station- Madhepur, District Madhubani.

6.

The Officer-In-Charge, Bheja, Police Station- Bheja, District- Madhubani. 7.

Surendra Paswan Son of Late Rameshwar Paswan, Resident of VillageBheja, Post Office- Bheja, Police Station- Bheja, Anchal- Madhepur, District- Madhubani.

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

For the Petitioner/s :

Mr.Prabhas Ranjan, Adv.

For the Respondent/s :

Mr.Nadeem Seraj, GP-20 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. A Mandamus, commanding the respondents for removing encroachment made over Public land / Road situated in Village-Bheja in the District of Madhubani appertaining to Khata No.326(old), Plot No.5732 (west of Plot Nos. 6097 and 6098)."

2. At the outset, the learned counsel for the petitioner has referred to paragraph no.19 of the counter affidavit, filed in

Patna High Court CWJC No.9996 of 2015(3) dt.21-08-2024 2/2 the present case to submit that the respondent-State has taken a stand that in case the petitioner requires the services of police force for executing the order of the Circle Officer, for vacation of the land encroached by the respondent no.7, he will have to deposit the requisite fees.

3. It is further submitted by the learned counsel for the petitioner that the petitioner is ready to deposit the prescribed fees, hence he be relegated to the remedy of approaching the District Magistrate, Madhubani, who be directed to do the needful, forthwith. It is directed accordingly.

4. The writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U