Petitioner alleged public pathway encroachment by respondent No.6. Court disposed of writ without merit, granting liberty to file representation before District Magistrate within three months for action on merit.
Liberty granted to petitioner to approach District Magistrate by filing representation within three months for decision on merits.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20559 of 2010
====================================================== Krishna Devi W/O Lallan Prasad R/O Mohalla- Gannipur, P.O. Ramna, P.S.Kazimohmadpur, Distt.-Muzaffarpur. .... .... Petitioner Versus 1. The State Of Bihar 2. The District Magistrate , Muzaffarpur. 3. The Deputy Collector, Land Reforms, Muzaffarpur. 4. The Subdivisional Officer, East, Muzaffarpur. 5. The Circle Officer, Mushahari, Distt.-Muzaffarpur. 6. Central School, Muzaffarpur, Through The Principal, Central School, Muzaffarpur. .... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Bhubneshwar Prasad, Advocate For the State : Mrs. Binita Singh, A.C. to Principal AAG. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 2 24-04-2013 Heard learned counsel for the parties. Petitioner claims that a public pathway has been encroached by the respondent no.6. It is submitted that he has approached the authority but no final action for removal of encroachment has been taken as yet.
In above view of the matter, this writ application is being disposed of, without going into the merit of the case, with a liberty to the petitioner to approach the District Magistrate, Muzaffarpur, i.e. respondent no.2, by filing a representation along with supporting documents making out his case. In such case, it
Patna High Court CWJC No.20559 of 2010 (2) dt.24-04-2013
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would be expected that decision would be taken by the respondent no.2 within three months from the date of filing of the aforesaid representation along with a copy of this order on its own merit and in accordance with law. It is made clear that no adverse order should be passed against anybody without granting reasonable opportunity as per law to the said person.
(Dr. Ravi Ranjan, J)
N.H./-
1 issue framed by the court
Whether the writ application for encroachment removal should be disposed of without merit scrutiny with liberty to approach the District Magistrate.
Krishna Devi W/O Lallan Prasad
The State Of Bihar
The District Magistrate, Muzaffarpur
The Deputy Collector, Land Reforms, Muzaffarpur
The Subdivisional Officer, East, Muzaffarpur
The Circle Officer, Mushahari
Dr. Ravi Ranjan
As recorded by the court registry
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