In this oral order, the Patna High Court directed State respondents to conclude encroachment removal proceedings involving a school's flood protection wall within six months of receiving the order.
Respondents directed to conclude encroachment removal proceedings within six months.
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| IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7021 of 2013 ====================================================== |
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St. Michaels High School, P.S. - Digha Ghat, Patna through Its Principal, namely, Father B. Arockiasamy, S.J., Son Of Sh. Belavendran .... .... Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. Principal Secretary, Department of Home, Government of Bihar, Patna 3. Principal Secretary, Department of Water Resources, Government of Bihar, Patna |
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| 4. Principal Secretary, Department of Road Construction, Government of Bihar, Patna 5. District Magistrate, Patna 6. Senior Superintendent of Police, Patna 7. Sub Divisional Officer, Patna Sadar, Patna 8. In Charge Magistrate, District Control Room, Patna 9. Station House Officer, Police Station-Digha, Patna 10. Executive Engineer, Ganga Sone Flood Protection Division, Digha, Patna 11. Executive Engineer, Patna West Division, Department of Road Construction, Patna .... .... Respondents |
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| ====================================================== Appearance : For the Petitioner : Mr. Manish Kumar, Advocate For the Respondents : Mr. Sanat Kr. Mishra, AC to AAG 8 |
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| ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER |
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| 3 | 17-06-2013 Learned counsel for the petitioner submits that school |
| administration of the petitioner School, has already been allowed | |
| to remove the flood protection wall and put up additional gates | |
| for egress and ingress from the school which is evident from the | |
| letter of the Water Resources Department dated 13.04.2011 | |
| addressed to the Secretary, Road Construction Department, | |
| annexed as Annexure-5 with the writ application. He submits that | |
| since some encroachments are there between the wall of the |
Patna High Court CWJC No.7021 of 2013 (3) dt.17-06-2013
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School and the flood protection wall, respondents are required to take steps for removal of the same for which proceedings have already been initiated. He submits that the respondents may be directed to conclude the proceedings at an early date and get the encroachment removed at the point where management of the school intends to open up gates.
Since the permission has already been granted to the Management of the School for opening of the gates in its boundary wall at different places, after removing the flood protection wall to the required length, this Court directs the respondents to conclude the proceedings for removal of encroachment between the flood protection wall and boundary wall of the School as early as possible and in any case within six months from the date of the receipt/production of a copy of this order. Appropriate consequent action must be taken immediately thereafter.
This writ application is disposed of with the aforesaid observations and directions.
(Jayanandan Singh, J)
B.T/-
St. Michaels High School, P.S. - Digha Ghat, Patna through Its Principal, namely, Father B. Arockiasamy, S.J.
The State of Bihar through the Chief Secretary, Government of Bihar
Jayanandan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
