Petitioner sought enforcement of an encroachment-removal direction passed in execution proceedings on her land. The State cited law and order problems for non-compliance. The Court directed the District Magistrate and Superintendent of Police to comply with the execution court's order within eight weeks and disposed of the writ petition.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14394 of 2015
======================================================
Parwati Devi Wife of Shir Kishor Kumar Jha, Resident of Village -Muradpur, P.S. and Circle - Nauhatta, District - Saharsa.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Respondent/s : Mrs. Archana Meenakshee, G.P.-6, Adv. Mr. Prabhat Ranjan, Adv. (AC to G.P.6) Mr. Rohit Singh, Adv. (AC to G.P.6) Mr. Harish Singh, Adv. (AC to G.P.6) Mr. Ranveer Prawar, Adv. (AC to G.P.6) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
13 16-01-2025 Heard the parties.
order dated 01-03-2013 passed in Land Dispute Redressal Case No. 123 of 2012, the DCLR, Saharsa, found the encroachment on the purchased land of the petitioner, as described in the
Patna High Court CWJC No.14394 of 2015(13) dt.16-01-2025 2/3
impugned order and he found the possession of the petitioner over the land in dispute. The respondents No. 7 to 11 were injuncted/prohibited vide order dated 01-03-2013 from interfering with the possession of the petitioner. Learned counsel for the petitioner further submits that despite the specific direction of the competent authority, that order has not been complied with and unauthorized occupation has not been removed from the land till date. Having found no option, the petitioner had to file Execution Case No. 16 of 2013. By order dated 25-11-2013, the Execution Case was disposed of with direction that the administration shall remove the encroachment with assistance of the police and the petitioner was directed to deposit the expenses incurred on the deployment of police force. Even after depositing the required expenses, the encroachment has not been removed till date.
Patna High Court CWJC No.14394 of 2015(13) dt.16-01-2025 3/3
circumstances, the respondents No. 2 & 4 are directed to comply the order dated 25-11-2013 passed in Execution Case No. 16 of 2013 within a period of eight weeks.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U
1 issue framed by the court
Whether the State authorities could be directed to comply with the order dated 25-11-2013 in Execution Case No. 16 of 2013 directing removal of encroachment from the petitioner's land.
Parwati Devi
The State of Bihar
The District Magistrate, Saharsa
The Sub Divisional Officer, Saharsa Sadar
The Superintendent of Police, Saharsa
Suresh Choudhary
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
