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2017 DIGILAW 187 (PAT)

Shiv Kumari Devi v. State of Bihar

2017-02-03

RAVI RANJAN

body2017
DR. RAVI RANJAN, J.:–Heard learned counsel for the petitioner and the State. 2. The petitioner has earlier approached this Court by filing CWJC No. 11408 of 2009 for removal of encroachment from public land of plot no. 374 appertaining to Khata No. 122, Thana No. 112 of mauza Shaharu, P.S. Dhanarua, District-Patna. The writ petition was disposed of granting liberty to the petitioner to file application for initiation of the proceeding under Bihar Public Land Encroachment Act. Accordingly, the petitioner moved before the authority under the Act and Encroachment Case No. 1/2009-2010 was initiated but unfortunately the same has remained pending till date as encroachment has not finally been removed despite notice was given to the encroachers. 3. The petitioner draws attention of this Court towards the report of the Circle Amin, as contained in Annexure-13 addressed to the Circle Officer, Dhanarua, Patna stating that measurement is not being done in view of the fact that the encroachers are obstructing the same and despite the request for help of the District Administration the same is not materialized till date. 4. In the aforesaid background of the matter, this Court would be inclined to dispose of this writ petition with a direction to the respondent no. 4, i.e., the Circle Officer, Dhanarua, Patna to ensure that the Encroachment Case No. 1/2009-2010 be brought to its logical conclusion within a period of three months from the date of receipt/production of a copy of this order. If there is any hindrance caused by any of the parties he would be at liberty to take help of the District Administration. 5. It is made clear that no final order or final action of removal of encroachment should be taken before granting adequate opportunity to all the concerned including the petitioner, the encroachers and the private respondent no. 7.