Writ petition seeking disposal of a pending encroachment case concerning alleged encroachment on public land (rasta). Court directed the Circle Officer to pass final order under Section 6(1) within eight weeks and disposed of the petition.
Circle Officer directed to dispose of Encroachment Case No. 12/2019 under Section 6(1) within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2302 of 2023
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Mohammad Naseem Khan Son of Mohammad Kalim Khan, Resident of 9B, Gound Floor, Haji Mohammad Ebrahim Chawl, Sant Kakkaya Marg, Kuttiwadi, Dharavi X Road, Mumbai, Maharashtra Presently resident of Village- Pathan Toli, Ward No. 09, Massa, P.S.- Jale, District- Darbhanga.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr.Nafisuzzoha, Advocate : Mr. Md. Manhar Ali, Advocate For the Respondent/s : Mr.Md. Khurshid Alam ( AAG 12 )
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT
Date : 26-07-2023
“(i) To issue appropriate writ in the nature of Mandamus or any other appropriate writ/order/ direction commanding the respondent Circle Officer, Anchal Jale. District- Darbhanga to comply the order dated 19.072019, passed by the District
Patna High Court CWJC No.2302 of 2023 dt.26-07-2023 2/3
Magistrate, Darbhanga cum second appellate authority, Public Grievances Redressal Officer, by which he was directed to complete the proceeding of removal encroachment by 25.01.2021 of the public land as mentioned Anabad Sarvasadharan, category- Rasta.
b) To issue a writ in the nature of Mandamus, or any other appropriate writ, order, direction for commanding the respondent Circle Officer, Jale, Darbhanga to complete the proceeding initiated under Encroachment Case No. 12/2019, by the Circle Officer and measurement has already completed, by which the respondent no. 7 has illegally encroached the public way (rasta) by making houses.
c) To issue a writ in the nature of Mandamus, or any other appropriate writ / order / directions for commanding the respondent authorities to settle the matter as early as possible, in view that there is always public nuisance due to negligence of the respondent authorities and criminal conspiracy going on against the petitioner and public of the locality.”
Patna High Court CWJC No.2302 of 2023 dt.26-07-2023 3/3
Darbhanga to dispose off the pending Encroachment case no. 12 of 2019.
(Mohit Kumar Shah, J)
rinkee/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 27.07.2023 |
| Transmission Date | NA |
1 issue framed by the court
Whether the pending Encroachment Case No. 12/2019 regarding encroachment on public land should be disposed of by the Circle Officer.
1 provisions across 1 enactments
Mohammad Naseem Khan
The State of Bihar through the Collector, Darbhanga
The Collector, District- Darbhanga
The Addl. Collector, District- Darbhanga
The Sub-Divisional Officer, Sadar, District- Darbhanga
The Circle Officer, Anchal- Jale, District- Darbhanga
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
