Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21835 of 2018 ====================================================== Jitendra Kumar, son of Mathura Prasad, r/o- Mohalla Company Sarai, P.S.- Model Thana, Sasaram, District- Rohtas.
... ... Petitioner
Versus
1. The State Of Bihar through the District Magistrate, District- Rohtas (Sasaram).
2. The Sub-Divisional Magistrate, Sasaram Town, P.S.- Model Town, DistrictRohtas (Sasaram).
3. The Circle Officer, P.S.- Model Town, District- Rohtas (Sasaram).
4. The Chairman, Municipal Corporation, Rohtas (Sasaram), District- Rohtas (Sasaram).
5. The Officer-in-charge, Rohtas (Sasaram) Police, P.S.- Model Police Station, District- Rohtas (Sasaram).
6. Krishna Kumar Singh, son of Late Bhole Singh, resident of village Darigaon, P.S.- Darigaon, District- Rohtas (Sasaram) at present resident of Mohalla Company Sarai, Ward No. 2, P.S.- Model Thana, District- Rohtas (Sasaram).
... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumeet Kumar Singh For the Respondent/s :
Mr.Sajid Salim Khan- Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 The matter has been placed under the heading "To Be Mentioned" at the instance of the office.
It is stated that vide order dated 17.01.2019, the writ application had been disposed of but due to some technical error, the full text of the second page of the order dated 17.01.2019 could not be uploaded on the website, although the order in the record is correct. In view of the above, in order to avoid any confusion, the full text of the order dated 17.01.2019 is reproduced hereunder: "Heard the parties.
Following relief has been sought for in paragraph 1 of the present application on behalf of the petitioner:
Patna High Court CWJC No.21835 of 2018(3) dt.15-02-2019 2/2 "That the present writ application is being filed for issuance of the appropriate writ order(s) or direction(s) in the nature of Mandamus for a direction to the Circle Officer, P.S.- Model Town, Rohtas (Sasaram), DistrictRohtas (Sasaram) to decide the petition filed by the petitioner for removing the encroachment attached as Annexure-10 and thereafter remove the encroachment over C.S. Khata No. 31, C.S. Plot No. 60 which is a Gairmajarua Aam Land having Nala over the same, current Municipal Survey Plot No. 1747, 1748, 1749, 1751, 1752, on the ground that there is encroachment by the private respondent causing complete stoppage of drainage of water of ward No. 12, Mohalla Company Sarai, P.S.- Model Thana, District- Rohtas (Sasaram)."
The petitioner has filed a representation vide Annexure-10 to the present application before the respondent no. 3 (the Circle Officer, Rohtas, P.S.- Model Town, Sasaram). The said representation of the petitioner is pending till date.
The respondent no. 3 is directed to dispose of the said representation filed on behalf of the petitioner in accordance with law within a period of three months from the date of this order.
With the aforesaid observation/direction, the present writ application stands disposed of." The order dated 17.01.2019, as is available on the website, is clarified/modified to the extent as indicated above. (Sudhir Singh, J) Pankaj/- U