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Patna High CourtCWJC/12193/2016disposed

Mamta Kumari v. The State Of Bihar And ORS

2023-04-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12193 of 2016 ====================================================== Mamta Kumari, wife of Arvind Kumar, resident of Mohalla- Rani Talab , P.S. - Zero Mile, District- Bhagalpur ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The District Magistrate, Bhagalpur 3.

The Deputy Collector of land Reform, Bhagalpur Sadar, District-Bhagalpur 4.

Circle Officer, Sabaur, District- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Pratap Sharma, Advocate For the State :

Mr. Vinod Kumar Yadav, Sc18 :

Mr. Aditya Nath Jha AC to SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following relief:- "That this writ petition is being filed for issuance of an appropriate writ/writs, order/orders, direction/directions to respondent no. 3 with regard to protect the intact of holding of the petitioner's land bearing MauzaFathehpur, Thana No. 23, Khata No. 687, Khesra No. 69, Total amount area 34 Decimal and for other necessary relief/reliefs on the basis of facts and circumstances of the case."

At the outset, the learned counsel for the

Patna High Court CWJC No.12193 of 2016(2) dt.04-04-2023 2/2 respondent-State has referred to the counter affidavit filed in the present case, to submit that encroachment proceedings vide Encroachment Case No. 10/2015-16 has already been initiated by the Circle Officer, Sabaur, and in case, the same has not been taken to its logical conclusion, the final order would definitely be passed, within the time frame fixed by this court.

Accordingly, the present writ petition stands disposed off with a direction to the Circle Officer, Sabaur to dispose off the aforesaid Encroachment Case No. 10/2015-16 by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, if not already passed, in accordance with law and after hearing the affected parties, within a period of eight weeks from today.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U