Remanded

Rustum Ali v. The State Of Bihar and Ors.

Patna HC13 May 2019CWJC/19198/2016

Case brief

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What is this about?

In this writ petition challenging administrative inaction, the Patna High Court directed the District Magistrate to order land measurement under the Circle Officer's supervision. The Court set a deadline of 90 days post-general election for the exercise and mandated the removal of any encroachment within six months.

What did the court decide?

Directed the District Magistrate to direct measurement of the land within 90 days post-election and to remove any encroachment within six months.

Rustum Ali Vs The State Of Bihar and Ors. — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19198 of 2016

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Rustum Ali Son of late Jumadhin Ali Resident of Village- Bodua, PostRamnagar, Police Station- Raghunathpur, District - Siwan.

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... ... Petitioner/s

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Versus

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The State of Bihar

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The Chief Secretary, State of Bihar, Patna.

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The District Magistrate, Siwan.

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The Superintendent of Police, Siwan.

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The Sub-Divisional Officer, Siwan.

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The Circle Officer, Raghunathpur, District- Siwan.

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The Block Development Officer, Raghunathpur, District Siwan.

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The Officer in Charge, P.S.- Raghunathpur, Siwan.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Dr. Bipin Chandra Mr.Anuj Kumar For the Respondent/s : Mr.Rishi Raj Sinha-Sc19 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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Heard learned counsel for the petitioner and the

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2 13-05-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

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The grievance of the petitioner in the instant case is inaction on the part of the District Administration in measurement of land of Khata No.95, Survey No. 5293, Tauji No. 3610, Area 2 Khata 3 dhur located at village+Post-Bahua, P.S.+Circle-Raghunathpur, District-Siwan.

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Considering the nature of dispute, the Court deems it fit and proper that the writ petition may be disposed of with direction to the District Magistrate who shall direct

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Patna High Court CWJC No.19198 of 2016(2) dt.13-05-2019 2/2

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measurement of land under the supervision of Circle Officer, Raghunathpur, Siwan at the earliest preferably within a period of three months from the date of filing of application alongwith a copy of this order on deposit of requisite fee for measurement and after measurement, the District Magistrate shall issue the result of the measurement in connection with the land in question discussed hereinabove.

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Entire exercise in this regard may be completed within 90 days after general election.

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It goes without saying that if there is any encroachment over public land the respondent shall register a regular case and after hearing the alleged encroacher to remove the encroachment within a maximum period of six months after measurement of the land.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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Rustum Ali v. The State Of Bihar and Ors.

Case brief

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Rustum Ali v. The State Of Bihar and Ors.

Case brief

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