Disposed

Ram Prasad Rai v. The State Of Bihar and Ors.

Patna HC25 Oct 2016MJC/5546/2013

Case brief

AI extract

What is this about?

This is an oral order in a miscellaneous application arising from a writ petition regarding encroachment on public land and obstruction of出路. The High Court directed the Circle Officer to initiate proceedings and remove encroachment, and disposed of the application.

What did the court decide?

Direction to Circle Officer to initiate encroachment proceedings and remove encroachment. Application disposed of.

Ram Prasad Rai Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5546 of 2013

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Civil Writ Jurisdiction Case No. 10316 of 2010

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====================================================== Ram Prasad Rai S/O Late Ajab Rai Resident Of Village Chandhaur, P.S. Babubarhi, District Madhubani.

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.... .... Petitioner/s Versus 1. The State Of Bihar.

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Lokesh Kumar Mishra, District Magistrate, Madhubani.

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Awadh Kumar Srivastav, Circle Officer, Babubarhi, District Madhubani. 4. Prem Kant Mishra, Circle Inspector, Babubarhi, District Madhubani. 5. Raj Kumar Rai S/O Late Sita Ram Rai Resident Of Village Ghanghaur, P.S. Babubarhi, District Madhubani.

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Chidi Rai S/O Lat Ratan Rai Resident Of Village Ghanghaur, P.S. Babubarhi, District Madhubani.

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Ram Tahal Rai S/O Late Bilat Rai Resident Of Village Ghanghaur, P.S. Babubarhi, District Madhubani.

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh For the Respondent/s : Mr. Ajay Bihari Sinha S.C.19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER

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3 25-10-2016 The petitioner had filed the writ application for direction to the respondents to give passage for the out let of his residential house as well as further prayer for consequential benefits.

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In the writ application counter affidavit was filed from which it appears that rasta is available on the eastern side of the house of the petitioner. It has been alleged by the petitioner that rasta from private side has been obstructed by the private respondents. In para 6 of the counter affidavit it has been stated

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Patna High Court MJC No.5546 of 2013 (3) dt.25-10-2016

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2/3

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that the petitioner along with respondents No.5 and 7 have constructed the house on gairmajarua aam land. Despite notice neither of respondents no.5 and 7 had appeared.

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The stand of the State was that the petitioner and private respondents no.5 and 7 have made construction on gairmajarua aam land appertaining to Khata No.365, Khesra No.3350. 3351, 3347 of village- Ghoghour as contained in Annexure-1.

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The writ application was disposed of with direction to the Circle Officer,Babubarhi, District- Madhubani, to take appropriate step in this regard.

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A show cause has been filed by the Circle Officer, Babubarhi stating that now the petitioner and the respondents have filed representations.

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Counsel for the State submits that an appropriate action has been taken by the Circle Officer, Babubarhi by initiating Encroachment No.3/13.

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It is directed that the Circle Officer would carry the proceeding with logical conclusion and would without delay remove the encroachment made by the petitioner or any other persons including private respondents. The local administration may provide necessary police force for the same.

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Patna High Court MJC No.5546 of 2013 (3) dt.25-10-2016

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3/3

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Let a copy of this order be forwarded to the superintendent of Police, Madhubani, as well as District Magistrate, Madhubani for immediate action.

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With the aforesaid observation/ direction this M.J.C. application stands disposed of.

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(Samarendra Pratap Singh, J)

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AnilKrSinha/-

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Ram Prasad Rai v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ram Prasad Rai v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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