High Court Patna High Court - Orders

Fucho Singh vs The State Of Bihar &Amp; Ors on 18 April, 2011

Patna High Court – Orders
Fucho Singh vs The State Of Bihar &Amp; Ors on 18 April, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CR. WJC No.124 of 2011
                          FUCHO SINGH S/O LATE PAHAL SINGH, R/O VILLAGE-
                          RAM CHANDRAPUR, P.S.-PIPARIYA, DISTRICT-
                          LAKHISARAI.
                                                            ................Petitioner
                                                   Versus
                  1.      THE STATE OF BIHAR.
                  2.      THE DISTRICT MAGISTRATE, LAKHISARAI.
                  3.      THE SUPERINTENDENT OF POLICE, LAKHISARAI.
                  4.      THE SUB-DIVISIONAL MAGISTRATE, LAKHISARAI.
                  5.      THE CIRCLE OFFICER, PIPARIYA ANCHAL, P.S.-PIPARIYA,
                          DISTRICT-LAKHISARAI.
                  6.      THE CIRCLE INSPECTOR, PIPARIYA ANCHAL, P.S.-
                          PIPARIYA, DISTRICT-LAKHISARAI.
                  7.      THE S.H.O. PIPARIYA POLICE STATION, DISTRICT-
                          LAKHISARAI.
                                                            ............Respondents
                                      -----------

03 18.04.2011 Heard learned counsel for the petitioner and the State.

Learned counsel for the petitioner submits that consequent

upon declaration of the possession of the petitioner over the land in

question and request of the petitioner that the land was measured by

the Circle Inspector, Pipariya, with the help of the concerned Amin in

presence of the Circle Officer, Pipariya, land was measured. However,

some of the persons who have small huts over the land in question

were not removed by the second party of the proceedings under

Section 145 of the Criminal Procedure Code and, as such, the Circle

Officer, Pipariya as per letter no. 372 dated 21st December, 2010 as

contained in Annexure-7 requested the Sub Divisional Magistrate,

Lakhisarai to depute police force including ladies constables so that

those huts of the second party could be removed. The learned counsel

for the petitioner further submits that despite the above request, no

action is being taken by respondent no. 4.

Learned counsel for the State submits that the matter be

looked into without delay.

In the circumstances, considering the submissions of the

parties, let the respondent no. 4 pass an appropriate order on the

written request of the Circle Officer, Pipariya vide his letter no. 372

dated 21st December, 2010 expeditiously preferably within a period of

two months on receipt/production of the certified copy of the present

order. The order passed by the respondent no. 4 on the written request

of the Circle Officer, Pipariya be communicated to the the

Superintendent of Police, Lakhisarai (respondent no. 3) as well, for

immediate action.

The application stands disposed of.

(Shailesh Kumar Sinha, J.)
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