Petitioner filed public interest writ seeking removal of encroachment from government land despite prior officer order. Court directed respondents to take action within six months without adjudicating merit.
Direct respondents to remove encroachment within six months after receipt of certified copy of order.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2931 of 2017
======================================================
Ram Bachhan Chaudhary
.... .... Petitioner
Versus .... .... Respondents
The State of Bihar & Ors .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar, Advocate. For the Respondent/s : Mr. Ajay-GA-5
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE
and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE)
2 12-05-2017
Grievance of the petitioner in this writ petition is that with regard to encroachment in government land bearing khata No. 690, Khesra No. 3099 under Mouza- Sutihara, the Circle Officer, Anchal (Sitamarhi) vide Annexure-10 on 13.08.2011 has already passed an order directing for removal of encroachment and in spite of same, nothing is being done and the encroachers are enjoying the property.
Interalia contending that representation submitted to respondent nos.2 and 3 have fallen on deaf ears and no action has been taken, this writ petition has been filed in Public interest.
Keeping in view the aforesaid grievance of the petitioner, and taking note of the order Anexure-2 dated 13.08.2011 passed by the concerned officer, for the present without entering into the controversy on merit, it is directed that
Patna High Court CWJC No.2931 of 2017 (2) dt.12-05-2017
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on petitioner filing the certified copy of this order along with relevant documents respondent nos.2 and 3 shall look into the grievance of the petitioner and proceed to remove the encroachment in accordance with law after following the due process as contemplated therein.
The action should be taken by the said respondent within a period of six months from the date of receipt of copy of this order.
(Rajendra Menon, CJ)
(Sudhir Singh, J)
Amit/-
U
1 issue framed by the court
Whether directed removal of encroachment from government land within six months after filing certified copy of order.
Ram Bachhan Chaudhary
The State of Bihar
Rajendra Menon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
