The High Court disposed of a land encroachment petition on the Court's own showing that a case is pending before the statutory authority. It directed the Circle Officer to adjudicate within four months.
Directed the Circle Officer to adjudicate Land Encroachment Case No.2/10 and pass an order within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.14830 of 2010
1. VINOD RAM S/O RAMCHANDRA RAM R/O VILL.- MADHUBANI, P.S.- SANGRAM PUR,
DISTT.- EAST CHAMPARAN
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY LAND REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA
2. THE DISTRICT MAGISTRATE, MOTIHARI, EAST CHAMPARAN
3. THE CIRCLE OFFICER, SANGRAMPUR, EAST CHAMPARAN
4. NARESH RAM S/O LOCHI RAM R/O VILL.- MADHUBANI, P.S.- SANGRAMPUR, DISTT.EAST CHAMPARAN
5. SURESH RAM S/O LOCHI RAM R/O VILL.- MADHUBANI, P.S.- SANGRAMPUR, DISTT.EAST CHAMPARAN
6. BIKERMA RAM S/O LOCHI RAM R/O VILL.- MADHUBANI, P.S.- SANGRAMPUR, DISTT.EAST CHAMPARAN
7. LOCHI RAM S/O LATE DASAI RAM R/O VILL.- MADHUBANI, P.S.- SANGRAMPUR, DISTT.-
EAST CHAMPARAN
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2/ 21/04/2011 Heard learned counsel for the petitioner and
learned counsel for the State.
On the own showing of the petitioner, Land
Encroachment Case No.2/10 has already been
registered and is pending adjudication before the Circle Officer at Sangrampur.
There is no occasion for the Court to usurp
the powers of the statutory authority at this stage.
The application is disposed with the directions
to the Circle Officer to take the Land Encroachment
Case No.2/10 to its logical conclusion in accordance
with law after hearing all concerned and pass an
adjudicatory speaking order within a maximum period of four months from the date of receipt/production of a copy of this order.
The writ application stands disposed.
KC
( Navin Sinha, J.)
Vinod Ram S/O Ramchandra Ram
State of Bihar Through Secretary Land Reforms Department, Govt. of Bihar, Patna
The District Magistrate, Motihari, East Champaran
The Circle Officer, Sangrampur, East Champaran
Naresn Ram S/O Lochi Ram
Suresh Ram S/O Lochi Ram
Navin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court