Disposed

Jauhar Ansari v. The State of Bihar

Patna HC25 Apr 2019CWJC/9259/2019

Case brief

AI extract

What is this about?

This is an oral order in a writ petition challenging the Circle Officer's failure to remove encroachment. The Court held the notice was not regular and directed the officer to register a proper case and remove the encroachment within six months.

What did the court decide?

Direction to the Circle Officer to register a regular case for removal of encroachment and pass appropriate order within six months.

Jauhar Ansari Vs The State of Bihar — Land Acquisition | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9259 of 2019

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Jauhar Ansari, S/o Late Moharram Ali, Resident of Village- Dhama Pakar, Dumariya, P.S.- Manjhagarh, Dist.- Gopalganj.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Old Secretariat, Patna.

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The Divisional Commissioner, Saran Division, Chapara.

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The Collector-cum- District Magistrate, Gopalganj, District- Gopalganj.

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The Sub- Divisional Officer, Sadar, Gopalganj.

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The Circle Officer, Manjha, District- Gopalganj.

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The Block Development Officer, Manjha, District- Gopalganj.

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Mr. Rajendra Chaudhary, Son of Late Adalat Chaudhary, Resident of Village- Malikana, Dhama Pakar, P.O.- Dumariya, P.S.- Manjhagarh, Dist.Gopalganj.

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Mr. Shankar Chaudhary, Son of Late Adalat Chaudhary Resident of VillageMalikana, Dhama Pakar, P.O.- Dumariya, P.S.- Manjhagarh, dist.Gopalganj.

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Ramesh Chaudhary, Son of Late Rama Chaudhary, Resident of VillageMalikana, Dhama Pakar, P.O.- Dumariya, P.S.- Manjhagarh, dist.Gopalganj.

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Bhulan Chaudhary, Son of Late Kamal Chaudhary, Resident of VillageMalikana, Dhama Pakar, P.O.- Dumariya, P.S.- Manjhagarh, dist.Gopalganj.

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Harun Ansari, Son of Late Kurais Miyan, Resident of Village- Malikana, Dhama Pakar, P.O.- Dumariya, P.S.- Manjhagarh, dist.- Gopalganj.

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... ... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Uday Pratap Singh For the Respondent/s : Mr. Raj Kishore Roy (Gp18)

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER

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2 25-04-2019 Heard learned counsel for the petitioner and the State.

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The grievance of the petitioner in the instant writ

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application is reluctance on the part of the Circle Officer, Manjha, Gopalganj for removal of encroachment.

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Learned counsel for the petitioner submits that the

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Patna High Court CWJC No.9259 of 2019(2) dt.25-04-2019 2/2

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Circle Officer has issued notice to the private respondents vide Annexure-2, but from perusal of Annexure-2 it appears that notice was issued in not a regular case.

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Considering the scope of Bihar Public Land Encroachment Act, the writ application is disposed of with a direction to the Circle Officer, Manjha, Gopalganj to register a regular case for removal of encroachment and after hearing the encroachers he shall pass appropriate order for removal of encroachment at the earliest preferably within a period of six months from the date of receipt/production of a copy of this order.

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With the aforesaid, this application stands disposed

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of.

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(Anil Kumar Upadhyay, J)

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uday/-

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Jauhar Ansari v. The State of Bihar

Case brief

What is this about?

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Jauhar Ansari v. The State of Bihar

Case brief

What is this about?

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