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Patna High CourtCWJC/15404/2018disposed

Pulak Kumar Das v. The State Of Bihar And ORS

2018-08-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15404 of 2018 ======================================================

1. Pulak Kumar Das Son of Late Bhola Nath Das resident of Mohalla - Toopkhana Bazar, Behind Zila School, P.S. - Kotwali, Ward No. 12, District - Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. Commissioner-cum-Secretary, Department of Revenue and Land Reforms Department, Government of Bihar, Patna.

3. Principal Secretary, Department of Land Reforms, Government of Bihar, Patna.

4. Divisional Commissioner Munger Division, Munger.

5. The District Magistrate, Munger.

6. Superintendent of Police, Munger.

7. Khas Mahal Officer, Munger.

8. Sub-Divisional Officer, Munger.

9. Circle Officer, Sadar, Munger.

10. Munger Kotwali Police Station Incharge, Munger.

11. Chairman Munger Municipal Corporation.

12. Executive Officer, Munger Municipal Corporation.

13. Jitendra Nath Das Son of Late Kriti Bhushan Das at present residing at Village - Kirnahar, Police Station - Nanoor, District - Birbhum, West Bengal.

14. Amlan Kumar Das Son of Sri Subhash Kusum Das at present residing at Sonarpur, P.S. Sonarpur, Kolkatta.

15. Md. Naushad Son of Late Abdul Rahman resident of Mohalla - Gulzar Pokhar, P.S. - Kotwali, Munger Sadar, District - Munger. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Kumar Sinha For the Respondent/s : Mr. Rishi Raj Sinha- SC19 Mr. Akhilesh Kumar Sinha, A.C. to S.C.19 Mr. Shivendra Kumar Sinha ==================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner has filed this writ petition for a

Patna High Court CWJC No.15404 of 2018 (2) dt.28-08-2018 2/2 direction to the respondents to comply the order as contained in Annexure-9 series by which Khas Mahal Officer sent letter to the Circle Officer, S.H.O. Kotwali, Munger and Sub-Divisional Officer for initiating a proceeding under Section 107 and 144 of the Cr.P.C. and for sealing the unauthorized occupation of the house situated by the side of the house of the petitioner. After some argument, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file petition before the S.D.O. for initiation of a proceeding under Sections 144 and 133 of the Cr. P.C. for removal of illegal activities or factory situated near the residential house of the petitioner. If such petition is filed by the petitioner before the authority concerned, the authorities are directed to take immediate steps in accordance with law.

With this direction, this writ petition is disposed of as withdrawn.

(Prabhat Kumar Jha, J) Saurabh/Rajan U