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Patna High CourtCWJC/22395/2018disposed

Paramhans Singh v. The State Of Bihar And ORS

2019-01-07Mr. Justice Jyoti Saran,Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22395 of 2018 ====================================================== Paramhans Singh Son of late Jagi Singh Resident of Village- Maharauli Kharahatand , P.S. Simri, District- Buxar, Pin No. 802120. ... ... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Department Revenue and Land Reforms Government of Bihar, Patna.

2. The District Magistrate, Buxar.

3. The Sub-Divisional Magistrate, Dumraon, Buxar.

4. The Circle Officer, Simri, Buxar.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek, Adv.

For the Respondent/s :

Md. Khurshid Alam, AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 07-01-2019 The defect has been removed.

The petitioner complains of encroachment made over a public road running between Paigambarpur to Maharauli in the Simri Anchal in the District of Buxar and due to which local villagers are facing trouble in communication. According to the petitioner, while the width of the road at some place is about 60 ft. and at some places is about 20 ft, it is on account of the encroachment that the width has been reduced to less than 10ft. He further informs that an encroachment case has been initiated by the Circle Officer, Simri, Buxar giving rise to Encroachment Case No. 02 of 2008-

Patna High Court CWJC No.22395 of 2018(2) dt.07-01-2019 2/2 09 but the matter remains pending despite the lapse of decade. Copy of the writ petition was served on learned Counsel for the State in November, 2018 but he has no instruction on the complaint made. In the circumstances discussed, we deem it proper to direct the Circle Officer, Simri, Buxar to dispose of Encroachment Case No. 02 of 2008-09 in accordance with law and with due opportunity of hearing to the alleged encroachers by a speaking order to be passed within three months from the date/receipt of a copy of this order. With the observations/directions above, the writ petition is disposed of.

(Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- U