The High Court disposed of a writ petition regarding alleged encroachment and illegal construction, directing joint action by the District Magistrate and Superintendent of Police to examine grievances within two months.
Directions to District Magistrate and Superintendent of Police to examine grievances and act within two months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6911 of 2011 ANIL KUMAR . Versus THE STATE OF BIHAR & ORS . -----------
On the own showing of the petitioner the Sub-Divisional Officer, Bagha by his directions dated 16.3.2011 and 24.3.2011 at Annexures 3 and 5 to the writ application is already seized of the matter with regard to the allegations of alleged encroachment and illegal construction by respondent no. 7. It appears from Annexure- 5 that the possibility of public peace being disturbed has also been observed by the Sub-Divisional Officer addressed to the Officer incharge, Bagha.
Once the respondents are already seized of the matter, the aforesaid orders cannot be stated to have been passed in futility and are required to be acted upon.
The application is disposed with directions to the District Magistrate and the Superintendent of Police jointly to examine the grievances of the petitioner in light of the directions of the SubDivisional Officer and after hearing all concerned including respondent no. 7, act in accordance with
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law within a maximum period of two months from the date of receipt/production of a copy of this order.
The writ application stands disposed.
P. Kumar
( Navin Sinha, J.)
ANIL KUMAR
THE STATE OF BIHAR
Navin Sinha
As recorded by the court registry
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