Patna High CourtMJC/1840/2016disposed

Bansidhar Singh Yadav v. The State Of Bihar Through Sri Rajeshwar Singh The Collector Kaimur And ORS

2016-08-17Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1840 of 2016 IN Civil Writ Jurisdiction Case No. 14917 of 2014 =========================================================== Bansidhar Singh Yadav, Son of Raj Narayan Yadav, Resident of Village- Sahuka, P.S.- Ramgarh, District- Kaimur (Bhabhua) .... .... Petitioner/

Versus

1. The State of Bihar through Sri Rajeshwar Singh Son of Not known the Collector, Kaimur(Bhabhua).

2. Basuki Nath Singh, Son of Not known, presently posted as Circle Officer, Ramgarh Kaimur, P.S.- Ramgarh, District- Kaimur (Bhabhua). .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner : Mr. Shankar Kumar Thakur, Advocate For the State : M/s Ajay Kumar Rastogi, AAG, Sushil Kumar Sarkaria, AC to AAG 10 and Manan Nayak, AC to AAG 10 =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 17-08-2016 On the objection having been made by the petitioner, it is accepted by the Circle Officer that plinth of the bathroom could not be removed due to some practical difficulty but he undertakes to remove the same and the debris lying there would also be removed within three weeks from today. It is also stated that if the branches of the tree obstruct free flow of traffic then the tree should be shaped in such a manner that it would not impede free flow of traffic. However, in no case any tree should be uprooted or severed or cut away. The Circle Officer is also required to pass necessary order with regard to the ownership of the tree which are standing over public land.

Patna High Court MJC No.1840 of 2016 dt.17-08-2016 2/2 On such assurance given by the Circle Officer this proceeding is dropped. However, it is made clear that if such undertaking is not brought to its logical conclusion then the petitioner would be at liberty to file an affidavit for revival of his case. The personal appearance of the Circle Officer Ramgarh, Kaimur is dispensed with.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.08.2016 Transmission Date NA