High Court Patna High Court - Orders

Md.Usman vs The State Of Bihar &Amp; Ors on 17 August, 2010

Patna High Court – Orders
Md.Usman vs The State Of Bihar &Amp; Ors on 17 August, 2010
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CWJC No.4464 of 2010
                   MD.USMAN S/O LATE ABDUL KHAIR MIAN R/O VILLAGE -
                   SISAEI , P.O - BARAULI, P.S - BARAULI, DISTRICT - GOPALGANJ
                                                       ...........PETITIONER
                                       VERSUS
                   1. THE STATE OF BIHAR
                   2. THE COLLECTOR GOPALGANJ
                   3. THE CIRCLE OFFICER, BARAULI, P.S - BARAULI, DISTRICT
                       - GOPALGANJ
                   4. HALKA KARAMCHARI, N.A.C., BAROULI, P.S - BAROULI,
                       DISTRICT - GOPALGANJ......................RESPONDENTS

                   For the petitioner : Mr. Mrityunjay Pd. Singh No.2, Advocate.
                   For the State      : Mr.Tej Pratap Singh, AC to GP-4
                                                  -----------

02/ 17.08.2010 Heard learned counsel for the petitioner and learned

counsel for the State.

This writ petition has been filed by the petitioner for

restraining the respondents from dispossessing the petitioner from the

land of Khata No.609, Plot No.762 measuring 13 Katha 09 dhur

situated in village Bhurkhkueia, Thana No.423 Anchal Barauli,

District-Gopalganj till the final disposal of Encroachment Case

No.09/2006-2007 pending before Anchal Adhikari, Barauli within the

district of Gopalganj (respondent no.3).

It is quite strange that the land encroachment case is lying

undecided before the Anchal Adhikari for more than three years and

due to its non-disposal certain acts are being done which cannot be

said to be in accordance with law.

In the said circumstances, the said Anchal Adhikari,

Barauli, District-Gopalganj (respondent no.3) is directed to dispose of

Encroachment Case No.09/2006-2007 in accordance with law

expeditiously preferably within a period of two months from the date
2

of receipt/production of a copy of this order without giving any undue

adjournment to anyone. If the aforesaid land claimed by the petitioner

is subject matter of the encroachment case mentioned above, no

coercive step will be taken against the petitioner with respect to the

said land till the disposal of the aforesaid encroachment case.

With the aforesaid observations/directions, this writ

petition is disposed of.

Harish                                          (S.N. Hussain, J.)