Patna High CourtMJC/5401/2013dismissed

Nibulal Paswan v. The State Of Bihar And ORS

2016-07-20Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5401 of 2013 IN Civil Writ Jurisdiction Case No. 14453 of 2010 =========================================================== Nibulal Paswan, Son Of Brahamdeo Paswan, Resident of Village - Khudura, P.O.+P.S.- Uaon, District - Kaimur, (Bhabhua) .... .... Petitioner

Versus

1. The State of Bihar

2. Sri Bayas Jee, Principal Secretary, Revenue Land Reforms Department, Government Of Bihar, Patna

3. Sri Arbind Kumar, District Magistrate, Rohtas

4. Sri Khurshid Anwar Alam, Sub-Divisional Officer, Mohania, Kaimur

5. Sri Pramod Kumar, Mishra, Circle Officer, Nuaon, Kaimur .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Respondent/s : Mr. Madhuresh Prasad, G.P-12 Mr. Prabhat Ranjan, AC to GP-12 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 20-07-2016 A show cause affidavit has been filed on behalf of Stateopposite parties nos. 3 to 5 stating that all the encroachments have been removed save and except that by Ram Janam Singh and Rajbali Singh, both brothers, however, that was in view of the fact that they had produced the order dated 23.08.2007 passed by the Deputy Director, Consolidation, Rohtas (Sasaram) in Appeal No.17/2007-08 under which a direction was given to delete the name of State of Bihar from the records and enter the name of aforesaid Ram Janam Singh. In such a situation, such encroachment could not be removed but it is

Patna High Court MJC No.5401 of 2013 dt.20-07-2016 2/2 stated on behalf of the State that remedial action is proposed to be taken.

Having regard to the aforementioned facts and circumstances, in my view, the present proceeding now cannot continue and, accordingly, the same is dropped. (Dr. Ravi Ranjan, J) V.K. Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 21.07.2016 Transmission Date N.A.