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Patna High Court - Orders

Sangita Thakur vs The State Of Bihar & Ors on 25 January, 2011

                  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.
                                            -----------

3.   25.01.2011

None appears for the 2 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 3 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.)