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
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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.)