IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1522 of 2006
SANGITA THAKUR WIFE OF SRI SATYA NARAYAN THAKUR,
PRESIDENT, GOVERNMENT MIDDLE SCHOOL, CHILDREN
EDUCATION COMMITTEE, RAJ NAGAR,GANJ, CHIDHRI
BUJURG, P.S. RAJ NAGAR, DISTT- MADHUBANI.
.. PETITIONER.
Versus
1. THE STATE OF BIHAR THROUGH SECRETARY MINISTRY OF
HUMAN RESOURCES DEVELOPMENT, NEW SECRETARIATE
BAILEY ROAD, PATNA.
2. THE DISTRICT MAGISTRATE, MADHUBANI.
3. THE DEPUTY DEVELOPMENT COMMISSIONER, MADHUBANI.
4. SUPERINTENDENT OF POLICE, MADHUBANI.
5. SUB-DIVISIONAL POLICE OFFICER, MADHUBANI SADAR
MADHUBANI.
6. SUB-DIVISIONAL OFFICER, MADHUBANI.
7. DISTRICT EDUCATION OFFICER, MADHUBANI.
8. DISTRICT SUPERINTENDENT OF EDUCATION, MADHUBANI.
9. CIRCLE OFFICER, RAJ NAGAR, MADHUBANI.
10. OFFICER-IN-CHARGE, RAJ NAGAR, POLICE STATION
MADHUBANI.
11. PRABHAKAR KUMAR SRIVASTAVA SON OF LATE BAID NATH
PRASAD.
12. VIBHAKAR SINHA @ MADHUKAR PRASAD SINHA SON OF
LATE BAID NATH PRASAD.
13. SHRI RAMAKAR SON OF LATE BAIDNATH PRASAD,
ALL RESIDENTS OF VILLAGE- RAJ NAGAR AMLA DTOLI, P.S.
RAJ NAGAR DISTRICT- MADHUBANI.
14. MOSMAT NIRMALA DEVI WIFE OF GANGA NARAYAN DAS.
15. KRISHNA KUMAR LAL DAS
16. PREM KUMAR LAL DAS.
17. PRAMOD KUMAR LAL DAS.
18. RAJESH KUMAR LAL DAS.
ALL RESIDENTS OF VILLAGE- RAJ NAGAR AMLA TOLI, P.S.
RAJ NAGAR, DISTRICT- MADHUBANI.
.... RESPONDENTS.
For the State: Mr. Devajan Choudhary, AC to AG-13.
For the Intervener: Mr. M.P. Gupta, Advocate.
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3. 25.01.2011 None appears for the
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petitioner. Same was the position even
yesterday. Counsel for the Intervener and
the State are however, present.
2. It is submitted on behalf of
the Intervener and the State that the
present petition has been filed for directing
the authorities to take steps for removal of
encroachment from the lands of the
Middle School, Raj Nagar situate within
Raj Nagar Block, District- Madhubani. It
is submitted by the counsel for the
Intervener that the appeal filed by the
encroacher against the order directing him
to remove the encroachment from the
lands of the Middle School, Raj Nagar is
pending before the D.C.L.R., Madhubani
and the appeal is not being heard by the
D.C.L.R. as present writ petition is
pending.
3. Having heard counsel for
the parties and having perused the record
of this case, I find that there is no interim
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order passed in the writ case and, there is
hardly any embargo for the D.C.L.R.,
Madhubani to proceed with the hearing of
the appeal filed against the order directing
removal of encroachment from the lands
of the Middle School, Raj Nagar. Let the
D.C.L.R., Madhubani proceed with the
hearing of the appeal filed against the
order removing the encroachment passed
by the Circle Officer, Raj Nagar and
dispose of the appeal, as early as possible,
in any case within two months from the
date of receipt/production of a copy of this
order before the D.C.L.R., Madhubani.
Ibrar/- ( V.N. Sinha, J.)