The High Court of Patna disposed of a writ petition challenging an encroachment order. The judge directed the petitioner to file an appeal with the competent appellate authority and held the matter accordingly.
The writ petition was disposed of after directing the petitioner to file an appeal before the Collector of the district.
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
Civil Writ Jurisdiction Case No.21754 of 2012
====================================================== Ram Chandra Yadav Son Of Late Nik Lall Yadav Resident Of VillageAhilwar Tola Bagraha, Police Station- Hassanpur, District- Samastipur
.... .... Petitioner Versus 1. The State Of Bihar 2. The Collector, Samastipur 3. The Sub Divisional Officer, Rosera, Police Station- Rosera, DistrictSamastipur 4. The Circle Officer, Hasanpur, Police Station- Hasanpur, DistrictSamastipur 5. Biranchi Yadav Son Of Late Shiv Lall Yadav Resident Of VillageAhilwar Tola, Bagraha, Police Station- Hasanpur, District- Samastipur .... .... Respondents ====================================================== Appearance : For the Petitioner : M/s Raj Ballab Prasad Yadav & Jitendra Kumar, Advocates For the State : Mr. Siddharth Shankar Pandey & Sanjay Kumar, AC to GP-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER
3 03-12-2012 Heard learned counsel for the petitioner and the State. 2. In compliance of my earlier order dated 29.11.2012, Circle Officer, Hasanpur is present with record of Encroachment Case No. 09 of 2006-07, which was initiated for removal of encroachment from plot no. 206, which has been carved out in the Revisional Survey as plot nos. 370 and 371 appertaining to khata no. 450 of village Ahilwar. Under the impugned order passed in the aforesaid encroachment case, petitioner has been found to be encroacher over plot no. 370 to the extent of 0.06 decimals.
Patna High Court CWJC No.21754 of 2012 (3) dt.03-12-2012
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may challenge the same by filing appeal before the competent Appellate Court i.e. Collector of the district.
disposed of.
(V.N. Sinha, J)
Arjun/-
1 issue framed by the court
Whether the writ petition challenging the encroachment order should be disposed of after directing appeal.
Ram Chandra Yadav
The State Of Bihar
The Collector, Samastipur
The Sub Divisional Officer, Rosera
The Circle Officer, Hasanpur
Biranchi Yadav
V.N. Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
