IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL WRIT JURISDICTION CASE No.5089 of 2005
Shashi Prasad Gupta, son of Sitaram Gupta,
Resident of Umta Railway Station, P.S. and
District-Jehanabad. .....Petitioner
Versus
1. The State Of Bihar,
2. The District Magistrate, Jehanabad,
3. The Sub-Divisional Officer, Jehanabad,
4. The Executive Engineer, P.W.D.,
Jehanabad,
5. The Block Development Officer,
Jehanabad,
6. The Circle Officer, Jehanabad....
....Respondents
.........
For the Petitioner : Mr. Shashi Dhar Jha, Advocate
For the State : Mr. Rakesh Kumar Samrendra, S.C.-21
……………….
3 05.08.2011 Petitioner seeks direction to the respondents
not to demolish the portion of his constructed house
under the garb of compliance the order dated
24.10.1996 passed by the District Magistrate,
Jehanabad in Case No.11/1996-97 for removal of
encroachment as the petitioner’s case is that the
authorities have already removed the encroachment
much earlier and the aforesaid order stood complied
thereafter.
After some argument, it is submitted that by
the several orders in other writ petitions, the
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petitioners thereof have been granted indulgence for
filing representation before the respondent no.2, i.e.,
the District Magistrate, Jehanabad. Xerox copies of
some of the orders, i.e., the order dated 1.11.2007
passed in C.W.J.C. No.5380 of 2005 (Ganesh
Prasad Gupta Vs. The State of Bihar & ors.) and
the other order dated 1.11.2007 passed in C.W.J.C
No. 5039 of 2005 ( Janak Dulari Jaiswal Vs. The
State of Bihar & ors.), have been produced. Let the
same be kept on record. Petitioner also proposes to
file such representation.
Learned counsel for the State also submits that
the writ petition can be disposed of in terms of the
aforesaid orders as the petitioner also proposes to
file a representation before respondent no.2, i.e., the
District Magistrate, Jehanabad.
In above view of the matter, this application is
also being disposed of in terms of order passed in
C.W.J.C No. 5380 of 2005 and C.W.J.C. No. 5039 of
2005. If such a representation along with the
certified copy of the present order including all the
relevant documents in respect of the claim of the
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petitioner is filed within a period of six weeks then
respondent no.2 shall consider and dispose of the
same in accordance with law expeditiously,
preferably within a period of four months thereafter.
In the meanwhile, the encroachment should
not be removed beyond the measurement indicated in
the order dated 24.10.1996 as contained in Annexure-
2 to the writ application and Annexure-E to the
counter affidavit.
Accordingly, this writ application stands
disposed of.
Sanjay-II ( Dr. Ravi Ranjan, J.)