Patna High CourtCWJC/18763/2016disposed

Akhilesh Kumar Jha v. The State Of Bihar And ORS

2017-04-26Mr. Justice Sudhir Singh,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18763 of 2016 =========================================================== Akhilesh Kumar Jha S/o Late Jagdanand Jha, Resident of Village- Dadima, P.S.- Keoti, District- Darbhanga.

.... .... Petitioner/s

Versus

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

2. District Magistrate, Darbhanga.

3. The Circle Officer, Keoti, Darbhanga.

4. Circle Inspector, Keoti, Darbhanga.

5. Bhogendra Jha, S/o Late Rajeshwar Jha, Resident of Village- Dadima, P.S.- Keoti, District- Darbhanga.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. AJAY, GA-5 with Mr. P.K. Sinha. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 26-04-2017 Interalia contending that certain encroachment on a public road in Khata No. 775, plot Nos. 2156 and 2221 in Thana no. 384, Mauza-Dadima, P.S. Keoti, District-Darbhanga is not being removed and respondent no.5 is committing the encroachment in spite thereof no action is taken, this writ petition has been filed in public interest. Sri Ajay, learned counsel appearing for the State Government points out that based on the complaint received an encroachment case has already been registered by the competent statutory authority under the Bihar Public Land Encroachment Act

Patna High Court CWJC No.18763 of 2016 dt.26-04-2017 2/2 and in this regard he invites our attention to Annexure-2, Page-11 to say that case no. 01/14-15 is pending before the competent officer at Darbhanga.

That being so, we are for the present without entering into the controversy on merit, direct the respondent no.3, the officer concerned to proceed to decide the case as is registered by him bearing Case No. 01/14-15 after hearing all concerned, in accordance with law, preferably within a period of six months. With the aforesaid liberty, the application stands disposed of.

(Rajendra Menon, CJ) (Sudhir Singh, J) Amit/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA