Disposed

Shivji Mishra v. The State Of Bihar and Ors.

Patna HC29 Apr 2019CWJC/652/2019

Case brief

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What is this about?

This was an oral order disposing of a writ petition challenging an arbitrary order of encroachment removal. The court granted liberty to the petitioner to file a show cause note before measurement was carried out by Anchal Adhikari.

What did the court decide?

Petitioner granted liberty to file exhaustive show cause; Ankhal Adhikari directed to cause measurement; issue on removal to be decided after hearing within 60 days.

Shivji Mishra 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.652 of 2019

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Shivji Mishra S/o Paramhansh Mishra, R/o Village- Bhalua Khurd, PSMajhauli, District- Saran.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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The Collector, Saran.

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The Sub Divisional Officer Majhi, District- Saran.

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The Circle Officer, Majhi, District- Saran.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr.Chandra Kant 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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2 29-04-2019

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In the instant case, the petitioner is aggrieved by the

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arbitrary action of the respondents.

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Learned counsel submits that respondents ought to have done measurement and only after measurement, if any encroachment is found the respondents are justified in passing the order but in the instant case without any measurement and without opportunity of hearing the order of removal of encroachment was passed.

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Considering the stage of proceeding, the writ petition is disposed of with liberty to the petitioner to file exhaustive show cause indicating therein that there is no encroachment by the petitioner and if such explanation is submitted by the

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Patna High Court CWJC No.652 of 2019(2) dt.29-04-2019 2/2

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petitioner, it shall be obligation of Anchal Adhikari, Saran to cause measurement and if it is found after measurement that encrochment has been done by the petitioner, the petitioner may be asked to remove the encroachment.

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Necessary decision as to removal of encroachment may be done after hearing the petitioner within a period of sixty days from the date of receipt/production of a copy of this order.

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With the aforesaid, the writ petition stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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Ravi/-

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Shivji Mishra v. The State Of Bihar and Ors.

Case brief

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Shivji Mishra v. The State Of Bihar and Ors.

Case brief

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