← Library
Patna High CourtCWJC/20239/2019disposed

Sahab Ahmad @ Sahab Khan v. The State Of Bihar

2019-10-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20239 of 2019 ====================================================== Sahab Ahmad @ Sahab Khan, aged about 56 years, Male, Son of Mohm. Samsujjoha, Resident of Village-Amirabad, P.O. Saidaha, P.S.-Ranitalab (Kanapa), District-Patna at Present Chashier Masjid Committee, Amirabad, P.S.-Ranitalab (Kanapa), Bikram, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate Cum-Collector, Patna. 3.

The Deputy Collector Land Reforms Paliganj, Patna. 4.

The Circle Officer, Bikram P.S.-Bikram Paliganj, Patna. 5.

Eshrat Jahan, Wife of Mohm. Ekram Asnsari, Village-Amirabad P.O.- Saidabad, P.S.-Ranitalab(Kanapa) Bikram, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binayak Kumar Shrivastav For the Respondent/s :

Mr.Md.Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-10-2019 Heard both sides.

The petitioner has filed this writ petition for issuance of a writ/direction to respondent no.4, the Deputy Collector Land Reforms, Paliganj, Patna to comply his own order dated 28.05.2015.

Learned counsel for the petitioner submits that the DCLR by order dated 28.05.2015, passed in BLDR Case No.109/14-15 directed the Circle Officer, Bikram to get the land measured and initiate a proceeding for removal of encroachment but the same has not been complied.

Section 15 of the BLDR Act contains the provisions

Patna High Court CWJC No.20239 of 2019(2) dt.14-10-2019 2/2 for execution of the order passed by the competent authority but the petitioner has not filed any petition before the DCLR to get the order of the DCLR executed.

In this view of the fact, I dispose of this writ petition with a direction to the petitioner to file a petition before the DCLR, Paliganj, Patna to execute the order dated 28.05.2015, passed in BLDR Case No.109/14-15 within one month from the date of this order and thereafter the DCLR shall pass order in accordance with law within two months from today. With the aforesaid direction, the writ petition is disposed of.

(Prabhat Kumar Jha, J) S.KUMAR/- U