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
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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.)
Safik