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Patna High CourtCWJC/22753/2019disposed

Md. Abbas Ansari, v. The State Of Bihar

2020-01-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22753 of 2019 ====================================================== Md. Abbas Ansari, Son of Md. Hazi Ansari, Resident of Village Bhagwanpur, P.S. Baruraj, District Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar through Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

District Magistrate, Muzaffarpur.

3.

Sub-Divisional Officer, Muzaffarpur West District-Muzaffarpur. 4.

Anchal Adhikari, Motipur, District Muzaffarpur. 5.

S.H.O. Baruraj, P.S. District Muzaffarpur.

6.

Naimuddin, Son of Late Quayamat Mian, Resident of Village Bhagwanpur Tole Mohammadpur Raje, P.S. Baruraj, District Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Respondent/s :

Mr.Anjani Kumar (AAG-4) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-01-2020 Heard learned counsel for the parties.

2. The petitioner wants a direction from this Court to the respondents for removal of encroachment from public land in the nature of public way, caused by respondent No.6. The description of the land has been given in paragraph 4 of the writ application as Khesra no. 3583, Khata No. 472, Thana No. 198 admeasuring 6 decimal situate in village Bhagwanpur in the District of Muzaffarpur. It is the petitioner's case that the land in question is being used as road by the local people. The petitioner is said to have approached the Circle Officer, Motipur

Patna High Court CWJC No.22753 of 2019(2) dt.10-01-2020 2/2 making request for removal of the encroachment.

3. In the facts and circumstances of the case, this application is disposed of with a direction that let a decision be taken by respondent no.4 after examining the grievance of the petitioner as to whether a case is made out for proceeding under Bihar Public Land Encroachment Act, 1956 or not. Such decision must be taken within one month from the date of receipt/production of a copy of this order.

4. This disposes of the application.

(Chakradhari Sharan Singh, J) arun/- U