Disposed

Md. Sarwar Ali v. The State Of Bihar and Ors.

Patna HC4 Apr 2019CWJC/12275/2013

Case brief

AI extract

What is this about?

The petition seeking writ of mandamus to remove encroachment from a public road occupied by a respondent was disposed of. The court directed the petitioner to file a detailed representation with the Circle Officer within 30 days for consideration after hearing.

What did the court decide?

Petitioner directed to file detailed representation before Circle Officer within 30 days; authority to consider and pass order after hearing.

Md. Sarwar Ali Vs The State Of Bihar and Ors. — Public Procurement and Tenders | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12275 of 2013

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Md. Sarwar Ali S/O- Md. Ali Khan, R/O- Mohl-Phulwarisarif, Tamtam Padaw, Kalilpura Road, Kazinagar, P.OP.S- Phulwarisarif, Distt- Patna

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... ... Petitioner

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Versus

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The State of Bihar

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The Collector, Patna

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The Sub-Divisional Magistrate, Patna Sadar

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The Circle Officer, Phulwarisarif, Patna

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The Officer-In-Charge, Phulwarisarif Police Station, Patna, Distt- Patna

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Smt. Tasneem Khan W/O- Md. Ali Sah, R/O Mohl- Phulwarisarif, Tamtam Padaw, Kalilpura Road, Kazinagar, P.OP.S- Phulwarisarif, Distt- Patna

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajiv Ranjan Kr. Pandey For the Respondent/s : Mr.Rishiraj Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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7 04-04-2019 Heard learned counsel for the petitioner and the State.

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In the present writ application, the petitioner has prayed for issuance of an appropriate writ in the nature of mandamus directing the respondents to remove the encroachment from the public road, which is encroached by the respondent No. 6 for her personal use. The said road was used by the petitioner and other persons from 1974 and the said road is mentioned in the sale deed of the petitioner as well as respondent No. 6. Further prayer of the petitioner is to restrain the respondent No. 6 from further construction on the road.

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Patna High Court CWJC No.12275 of 2013(7) dt.04-04-2019 2/2

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Considering the relief sought for, in the present writ application, the petitioner is directed to file a detailed representation within 30 days from today before the Circle Officer, Phulwari Sharif, Patna (respondent No. 4) who shall consider the representation of the petitioner and pass an appropriate order in accordance with law after giving opportunity of hearing to all the concerned parties.

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With the aforesaid observation/direction, this writ application stands disposed of.

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(Sudhir Singh, J)

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A.K.V.//-

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Md. Sarwar Ali v. The State Of Bihar and Ors.

Case brief

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Md. Sarwar Ali v. The State Of Bihar and Ors.

Case brief

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