Mohan Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7095 of 2017 ====================================================== Mohan Kumar S/o Shri Kamlakant Yadav Resident of Village- Sajua, P.O. Hatichowk, Block- Asarganj, P.S. Asarganj, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Circle Officer, Circle- Asarganj, District- Munger. 3.

Lucho Yadav Son of Prasadi Yadav 4.

Dilo Yadav Son of Kallar Yadav Both Residents of Village- Sajua, P.S. Asarganj, District- Munger.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sourendra Pandey, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, Standing Counsel-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-05-2023 The District Magistrate, Munger is present in the Court and has submitted that the Circle Officer, Asarganj has already been suspended, an F.I.R. has been lodged against him and he has also been arrested for his erring behaviour and misconduct/misfeasance. The learned District Magistrate, Munger has further submitted that notice under Section 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act, 1956'), in connection with Encroachment Case No. 4 of 2014-15 has already been issued to

Patna High Court CWJC No.7095 of 2017(4) dt.11-05-2023 2/2 the encroachers and after completion of the statutory period and obtaining their objections/show cause reply, if any, the final order under Section 6(1) of the Act, 1956 shall be passed, forthwith, whereupon, the consequential action shall also be taken immediately.

In view of the aforesaid, this Court is satisfied that the District Magistrate, Munger has complied with the orders of this Court and acted prudently, i.e. in accordance with law, hence the rule is discharged.

The respondents are directed to take needful action, so as to ensure conclusion of the proceedings of the aforesaid Encroachment Case No. 4 of 2014-15 without any further delay.

The writ petition stands stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/sonalU