Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.35 of 2024 In Civil Writ Jurisdiction Case No.2773 of 2023 ====================================================== Shailendra Kumar Son of Ishwar Dayal Singh Resident of Village- Kismiria, P.S.- Fatuha, District- Patna (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna Namely Sri Amir Subhani.

2.

The District Magistrate, Patna namely, Sri Chandra Shekhar Singh 3.

The Sub-Divisional Officer, Patna City, Patna. namely, Sri Deepak Kumar Singh 4.

The Circle Officer, Daniyawana, District- Patna. namely Sri Sanjeev Kumar Singh 5.

The Superintendent of Police, Patna. Namely Sri M. Dixit 6.

The Station House Officer, Fatuha Police Station, District- Patna. namely Sri Jay Shankar Singh 7.

Son of Janardan Mahto Resident of Village-Kismirla, P.S.-Fatuha, DistrictPatna (Biahr). 8.

Rajesh Kumar Son of Janardan Mahto Resident of Village-Kismirla, P.S.- Fatuha, District-Patna (Biahr).

9.

Indra Mohan @ Lalmani Son of Late Rajendra Mahto Resident of VillageKismirla, P.S.-Fatuha, District-Patna (Biahr). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranvijay Singh, Adv.

For the Opposite Party/s :

Mr.Government Pleader 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2025 In the order dated 13.12.2024, the case number of the present petition has been inadvertently mentioned as CWJC No. 35 of 2024 instead of MJC No. 35 of 2024 and consequently, the array of parties has also been wrongly mentioned. 2.

In view of the aforesaid, the order dated 13.12.2024 is reproduced ad-verbatim hereinbelow:-

Patna High Court MJC No.35 of 2024(5) dt.03-01-2025 2/2 "1. The learned counsel for the opposite parties has pointed out that in compliance of the order of this Court dated 26.09.2023, the Circle Officer, Daniyawa, District-Patna has already passed the final order not once but twice i.e. firstly vide order dated 01.01.2024/08.07.2024 and then vide order dated 25.11.2024, in connection with Encroachment Case No.05 of 2022-23, whereby he has found that 21 persons have encroached the land in question, hence it is submitted that the encroachment in question shall definitely be removed, forthwith.

2.

In view of the aforesaid, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the District Magistrate, Patna for enforcement of the aforesaid orders dated 01.01.2024, 08.07.2024 and 25.11.2024, in case there is no other legal impediment. Liberty so sought is granted.

3. The petition stands disposed off."

3.

The aforesaid order shall form part of the records of the present case. Accordingly, the registry of this Court is directed to ensure that the order dated 13.12.2024 is removed from the web site of this Court.

(Mohit Kumar Shah, J) Ajay/- U