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Murtza Ansari v. The State of Bihar

Patna HC4 Apr 2019CWJC/6778/2019

Case brief

AI extract

What is this about?

The court admitted an open application to have the Circle Officer, Rajpur, Buxar, directed to consider the petitioner's application dated 31.01.2017 under the Bihar Right to Public Grievance Redressal Act, 2015, pass a final order within five months after ensuring compliance with sections 3, 4, and 5 of the Bihar Public Land Encroachment Act.

What did the court decide?

Direct Circle Officer, Rajpur, Buxar to pass final order within five months ensuring compliance with Bihar Public Land Encroachment Act.

Murtza Ansari Vs The State of Bihar — Public Procurement and Tenders | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6778 of 2019

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Murtza Ansari (M), 56 Years, Old, Son of late Sultan Ansari, R/o VillageDulfa, P.S. Dhansoin, Distt. Buxar.

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... ... Petitioner

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Versus

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The State of Bihar through Principal Secretary, Revenue Department.

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The District Magistrate, Buxar.

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Buxar Sadar Public Grievance Redressal Officer, Buxar.

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Sudama Ahiar (M), 55 Years,Old, S/o Bhola Yadav, R/o Village- Dulfa,P.S. Dhansoin, District- Buxar.

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Rambarai Ahir(M) 50 Years, Old, S/o Hanslal Yadav, R/o Village- Dulfa,P.S. Dhansoin, District- Buxar.

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Kamanu Ahir (M), 45 Years, Old, S/o late Ram Dayal Ahir, R/o VillageDulfa,P.S. Dhansoin, District- Buxar.

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Harihar Ahir (M), 48 Years, Old, S/o late Ram Dayal Ahir, R/o VillageDulfa,P.S. Dhansoin, District- Buxar.

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The Circle Officer, Rajpur, District-Buxar.

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... ... Respondents

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====================================================== Appearance : For the Petitioner : Mr.Digvijay Kumar Ojha, Advocate. For the State : Mr. Md.Khurshid Alam, A.A.G. 12. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 04-04-2019

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Learned counsel for the petitioner is permitted to add the Circle Officer, Rajpur, District-Buxar, as respondent no. 8, in the present writ application, in course of the day.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The following relief has been sought for on behalf of the petitioner, in the present writ application.

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“1(i) For issuance of an appropriate

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Patna High Court CWJC No.6778 of 2019(2) dt.04-04-2019 2/3

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writ in the nature of mandamus by directing the respondents to remove encroachment from that part of government land (Mauza-Dulfa, Khata No. 194, Kheshra No. 1230, measuring 4.64 Acre) which is located at western end of petitioner’s land (Chak Kheshra No. 184 and 185) which has been encroached by respondent nos. 4 to 7 measuring approx 15 Decimal.”

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It is submitted by learned counsel for the petitioner that on the application dated 31.01.2017 of the petitioner under The Bihar Right to Public Grievance Redressal Act, 2015, Encroachment Case No. 12/2016-17 was initiated. No final order has been passed in the said case by respondent no. 8 i.e., The Circle Officer, Rajpur, District-Buxar.

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The respondent no. 8 i.e., The Circle Officer, Rajpur, District-Buxar, is directed to consider the application of the petitioner dated 31.01.2017 after giving an adequate opportunity of hearing to all concerned parties, and pass final order in accordance with law, within a period of five months from the date of receipt/production of copy of this order. Before passing final order, the respondent no. 8 i.e., The Circle Officer, Rajpur, District-Buxar, shall ensure that there has been compliance of Sections 3, 4 and 5 of Bihar Public Land Encroachment Act.

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With the aforesaid observations and directions, the

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Patna High Court CWJC No.6778 of 2019(2) dt.04-04-2019 3/3

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present writ application stands disposed of.

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(Sudhir Singh, J)

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U.K./-

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Murtza Ansari v. The State of Bihar

Case brief

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Murtza Ansari v. The State of Bihar

Case brief

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