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Patna High CourtCWJC/13161/2017disposed

Md. Habibul Khan v. The State Of Bihar And ORS

2019-03-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13161 of 2017 ====================================================== Md. Habibul Khan Son of Late Jahur Khan, resident of village- Kamaldah, P.S.- Bathanaha, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State Of Bihar through District Magistrate, Sitamarhi 2.

The District Magistrate, Sitamarhi.

3.

The Sub Divisional Officer, Sitamarhi, Sadar District Sitamarhi. 4.

The Anchal Adhikari Bathanaha, District- Sitamarhi. 5.

Samid Laheri.

6.

Rafik Laheri.

7.

Md. Sanaullah. All Sr. No. 5 to 7 are Son of Late Rahman Laheri. null 8.

Mugale Alam Lehari, son of Gonam Laheri, 9.

Indrish Laheri, Son of Israfil Laheri, All Sr. No. 5 to 9 are resident of Village- Kamaldah, P.S.- Bathanaha, District- Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha, Advocate For the Respondent/s :

Mr.S.C.Yadav, GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-03-2019 Heard the parties.

In the present writ application, the petitioner has prayed for giving direction to the respondent authorities to initiate the encroachment case against the private respondents, who have encroached the government land by constructing the house over the plot and are also trying to encroach more land. Considering the reliefs sought for in the present writ application, the petitioner is directed to file a fresh application/representation before the Respondent No.2 i.e. The

Patna High Court CWJC No.13161 of 2017(4) dt.13-03-2019 2/2 District Magistrate, Sitamarhi within a period of one month from today. The Respondent No.2 shall pass an appropriate order in accordance with law, after following the procedure as laid down under the Bihar Public Land Encroachment Act and after giving opportunity to all the concerned parties, within a period of five months from the date of filing of such application/representation.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U