Amarnath Gandhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.665 of 2020 ====================================================== 1.

Amarnath Gandhi Son of Basuki Nandan Poddar, Resident of VillageSakarpura, Nagar Panchayat Bakhri, Ward No. 19, P.S. Bakhri, DistrictBegusarai. 2.

Ravindra Nath Manish, Son of Basuki Nandan Poddar, Resident of VillageSakarpura, Nagar Panchayat Bakhri, Ward No. 19, P.S. Bakhri, DistrictBegusarai through their constituted Attorney Basuki Nandan Poddar, aged about 55 years, Gender- Male, Son of Late Ramotar Poddar, Resident of Village- Sakarpura, Nagar Panchayat Bakhri, Ward No. 19, P.S. Bakhri, District- Begusarai.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Begusarai.

3.

The Superintendent of Police, Begusarai.

4.

The S.D.O. cum L.R.D.C. Bakhri, Begusarai.

5.

The Circle Officer, Bakhri.

6.

The Officer in-Charge, Bakhri Police Station, Begusarai. 7.

Jugeshwar Paswan, Son of Budhu Paswan 8.

Lakshmi Paswan 9.

Rajendra Paswan 10.

Sita Ram Paswan 11.

Mahesh Paswan, (8) to (11) son of Yugeshwar Paswan 12.

Mukesh Paswan (Damad), Son of Rajendra Paswan 13.

Lalpari Devi, Wife of Rajendra Paswan 14.

Poonam Devi, Wife of Mahesh Paswan 15.

Ramkumari Devi, Wife of Sita Ram Paswan 16.

Nibha Devi, Wife of Mukesh Paswan, All Resident of Village- Bakhri Purvi (Kamaasthan), P.S.- Bakhri, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand For the Respondent/s :

Mr.Sheo Shankar Prasad (SC8) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2020 Heard both sides.

Patna High Court CWJC No.665 of 2020(2) dt.18-01-2020 2/2 Learned counsel for the petitioners submits that D.C.L.R. by Annexure-3 directed the Circle Officer to get the land of the petitioners measured if depositing the required fees but till date the Circle Officer on one pretext or other has not complied the order of the D.C.L.R. Learned counsel for the petitioners submits that D.C.L.R. has passed the order under B.L.D.R. Act.

Section 15 of the B.L.D.R. Act provides that if any order of a competent authority is not executed or complied with, the aggrieved party may file execution petition before the same authority for execution of the order.

Learned counsel for the petitioners seeks permission to withdraw this writ petition with liberty to file petition under Section 15 of the B.L.D.R. Act before the D.C.L.R. for execution of the aforesaid order.

With the aforesaid direction, this writ petition is disposed of as withdrawn.

(Prabhat Kumar Jha, J) Saurabh/- U