Petitioner sought writ to remove encroachments from public road and school campus. Court directed concerned officer to conclude pending encroachment case within three months and dispose of the writ petition.
Direction to the concerned Circle Officer to conclude the proceedings of Encroachment Case No.01 of 2023-24 within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20164 of 2016
======================================================
Kamakhya Narain Singh S/o Late Bhuneshwar Singh, Resident of Village Kheraje- Sahpur, P.O.- Lalshahpur, P.S. Sadar Mabbi O.P., DistrictDarbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Deepak Kumar, Advocate For the State : Mr.Dhurjati Kr. Prasad, GP-14 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 27-04-2023
At the outset, the learned counsel for the respondent-
State seeks to file a counter affidavit, which is taken on record.
The present writ petition has been filed seeking the
following relief:-
"That this petition of the petitioner is being filed for issuance of writ of appropriate nature, order or direction commanding respondents to remove encroachments from public road Road in front of Primary School, Lal Shahpur and at Bazar Samiti Campus and towards its western and eastern gate. The illegal occupants have kept Gumti and are seriously affecting Bazar Samiti activities, and school activities. The district administration despite notice and enquiry of these encroachments are not taking any steps to remove such encroachments under threat of political
Patna High Court CWJC No.20164 of 2016(3) dt.27-04-2023 2/2
interferences."
The learned counsel appearing for the respondentState has referred to the counter affidavit, filed in the present case and has submitted that an encroachment case bearing Encroachment Case No. 01 of 2023-24 has been initiated by the Circle Officer, Sadar, Darbhanga and three months time would be required to remove the encroachment in question.
Having regard to the fair submission made on behalf of the respondent-State, I deem it fit and proper to dispose off the present writ petition with a direction to the concerned Circle Officer to conclude the proceedings of the aforesaid Encroachment Case No.01 of 2023-24, which has been initiated qua the encroachments made both under the Bahadurpur Circle as also under the Sadar Darbhanga Circle, within a period of three months from today, in accordance with law, whereafter consequential action shall be taken forthwith.
The writ petition stands disposed off.
(Mohit Kumar Shah, J)
kanchan/Saurav
U
1 issue framed by the court
Whether to dispose the writ petition seeking removal of encroachments from public road and government premises.
Kamakhya Narain Singh
The State Of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
