Dr. Alok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12213 of 2018 ====================================================== Dr. Alok Kumar Son of Ram Chandra Prasad Mandal Resident of Ram Rahim Road, Ward No. 4, District - Madhepura at present posted as the Principal, Ved Byas College, Amleshwar Nagar, Madhepura. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Principal Secretary, Rural Development, Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The District Magistrate, Madhepura.

5.

The Superintendent of Police, Madhepura.

6.

The Sub Divisional Officer, Madhepura.

7.

The Circle Officer, Madhepura.

8.

The Station Head Officer, Madhepura Sadar Police Station, District Madhepura.

9.

Chhotu Kumar Son of Mithilesh Yadav Resident of Village - Balatol, Police Station - Puraini, District - Madhepura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Choudhary, Sr. Advocate Mr. Akshansh Ankit Mr.Binod Kumar Sinha For the State :

Mr. Sundhir Kumar Upadhyay, A.C. to G.P.-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-12-2023 Heard the parties.

2. The present application has been filed for directing the Respondents to initiate proceeding under Public Land Encroachment Act and to direct them to remove illegal encroachment from the campus of Ved Vyas College encroached by private Respondent by demolishing the wall of the College and by making illegal construction of the house in the Campus

Patna High Court CWJC No.12213 of 2018(4) dt.05-12-2023 2/2 of the College.

3. The Circle Officer, Madhepura, is directed to initiate a land encroachment proceeding against the encroachers who have encroached a portion of the Ved Vyas College. The encroachment proceeding must be initiated within two weeks of communication of this order and the same shall be concluded after hearing all the parties after proper service of notice. If the encroachers do not appear and do not co-operate in the encroachment proceeding the same shall be decided ex parte. After the decision of the encroachment proceeding, the encroachment is directed to be removed.

4. The District Magistrate, Madhepura and the Superintendent of Police, Madhepura are directed to remove the encroachment as per the order in the encroachment proceeding.

5. With the aforesaid observations and directions, this application is allowed.

6. Let a copy of the order be communicated to the District Magistrate, Madhepura through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U