VISHWANATH DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed to quash the order dated 28.05.2013 passed by the DCLR, Buxar, in B.L.D.R. Case No.125 of 2012-2013 as contained in Annexure-7.

(2.) Counsel for the petitioner submits that he had filed petition before the SDO, Buxar, for initiating proceeding under Section 133 Cr.P.C. for removal of encroachment from the land made by respondent No.6. The SDO, Buxar, by order dated 01.04.2010 passed in Case No.347-M of 2009, as contained in Annexure-1, had directed the Circle Officer, Chousa, to pass appropriate order after taking measurement of the land and if any encroachment is found after measurement of the land, he was directed to initiate a proceeding for removal of encroachment.

(3.) It appears that petitioner has filed necessary petition before the Circle Officer, Chousa, along with order of the SDO, Buxar, as contained in Annexure-1, but no order has been passed by the Circle Officer, Chousa. One report was sent by the Anchal Amin to the Circle Officer, Chousa, which is contained in Annexure-6, but the Circle Officer has not passed any order on the aforesaid measurement.