Om Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.263 of 2023 ====================================================== Om Prakash Kumar, Son of Punit Prasad, resident of Village- Chintamanpur, P.S. Pipra, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Revenue and Land Reforms Dept., Govt. of Bihar, Patna.

3.

The District Magistrate, East Champaran, Motihari. 4.

The Land Reform Deputy Collector, East Champaran, Motihari. 5.

The Sub Divisional Officer, Chakia, District- East Champaran, Motihari. 6.

The Circle Officer, Chakia, District- East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (Aag12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2023 1.

The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of writ nature of mandamus for direction to the respondent to remove the encroachment from the Aam Rasta relating to the land Anchal-Chakia, Thana No.04. Khesra No. 161 in the Khatiyan mentioned as Aam Rasta.

(ii) Further for issue direction to respondent to consider the application of the petitioner which

Patna High Court CWJC No.263 of 2023(2) dt.18-09-2023 2/3 has been filed before Anchaladhikari for removing encroachment."

2.

At the outset, the learned counsel for the respondent-State has submitted that encroachment proceedings, vide Encroachment Case No.28 of 2022-23, has already been initiated and the same would also be concluded, within a stipulated time frame.

3.

In view of the aforesaid, the learned counsel for the petitioner submits that the Circle Officer, Chakia, District-East Champaran, Motihari be directed to conclude the proceedings of the aforesaid Encroachment Case No.28 of 2022-23 expeditiously.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the Circle Officer, Chakia, to conclude the proceedings of the aforesaid Encroachment Case No.28 of 2022-23, in case the same has not already been disposed off, by passing the final order, under Section 6(1) of the Bihar Public Land

Patna High Court CWJC No.263 of 2023(2) dt.18-09-2023 3/3 Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U