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Patna High CourtCWJC/14708/2018disposed

Aniruddh Ray v. The State Of Bihar And ORS

2018-08-02Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14708 of 2018 ====================================================== Aniruddh Ray, Son of Raj Kumar Ray, Resident of Village - Mirchaiya Ward No. 02, Rasalpur, Block & P.S. - Dumra, District - Sitamarhi. ... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

2. The District Magistrate, Sitamarhi.

3. The Sub Divisional Officer, Dumra, Sitamarhi.

4. The Circle Officer, Dumra, Sitamarhi.

5. The Anchal Amin, Dumra, Sitamarhi.

6. The Investigation Officer, Dumra, Sitamarhi.

7. Tun-Tun Singh, Son of Anand Kishore Singh, Resident of Village Rasalpur, P.S. Dumra, District Sitamarhi.

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Respondent/s :

Mr. Ajay -G A 5 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-08-2018 Inter alia contending that respondent No.7 has caused encroachment on public land, as is detailed in the writ petition, this petition has been filed by contending that prima facie encroachment has been found on enquiry conducted by the authority on a public complaint filed by the petitioner, as is evident from page 14 of the noting dated 29.09.2016. If that be so, petitioner should file a detailed representation in the form of complaint along with a certified copy of this order before respondent no.4. Respondent no.4 shall register as an encroachment case under the Bihar Public Land

Patna High Court CWJC No.14708 of 2018(2) dt.02-08-2018 2/2 Encroachment Act and proceed to remove the encroachment in accordance with law, preferably within a period of six months from the date of receipt of a copy of this order. Needless to emphasise that we have not expressed any opinion on the allegations made in the writ petition and it is for the statutory authority to cause an enquiry and hear the person concerned and thereafter proceed in the matter in accordance with law .

With the aforesaid, the matter stands disposed of. (Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- U