Umesh Chaudhary & Ors vs The State Of Bihar & Ors on 11 May, 2015

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Patna High Court - Orders

Umesh Chaudhary & Ors vs The State Of Bihar & Ors on 11 May, 2015

Bench: Jyoti Saran

      Patna High Court CWJC No.7114 of 2015 (2) dt.11-05-2015                                   1




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.7114 of 2015
                  ======================================================
                  Umesh Chaudhary & Ors
                                                                       .... .... Petitioner/s
                                                    Versus
                  The State of Bihar & Ors
                                                                      .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s    :    Mr. Md. Khurshid Alam
                  For the Respondent/s      : Mr. S.K.Jha, GP-3
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
                  ORAL ORDER

2   11-05-2015

Let the Principal Secretary, Department of Irrigation, Government of Bihar, Patna be added as respondent no.5 to the writ petition.

The petitioners claim settlement under the permission granted by the Sub-Divisional Officer, Sone Nahar Sub- Division, Dehri in the district of Rohtas and complain that their settlement has been disturbed by the Circle Officer, Dehri, Rohtas who has proceeded to allot the land in question for the purpose of setting up of a unit of Cooperative Milk Federation (COMFED) as well as the residence of the Deputy Inspector General of Police. The petitioners are stated to be landless farmers whose crops have been damaged by the Circle Officer.

It is argued by Mr. Khurshid Alam, learned counsel appearing for the petitioners that although these petitioners were occupying the plots under a valid permission granted by Patna High Court CWJC No.7114 of 2015 (2) dt.11-05-2015 2 the competent authority of the Sone Nahar Sub-Division but have been evicted arbitrarily by the Circle Officer, Dehri without drawing any proceeding. Mr. Alam, learned counsel for the petitioner has referred to a letter of the Sub-Divisional Officer, Sone Nahar Sub-Division, Dehri dated 6.2.2010 whereby the Sub-Divisional Officer has raised certain objections to the actions of the Circle Officer, Dehri.

Let counter affidavits be filed by the authorities of the Irrigation Department, the Sone Nahar Sub-Division as well as the Circle Officer, Dehri separately as to the issues raised.

Put up this matter in the list of admission cases of 2015 on 29.6.2015.

(Jyoti Saran, J) SKPathak/-

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Patna High Court - Orders