Rameshwar Ray v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16989 of 2018 ====================================================== Rameshwar Ray Son of Bachcha Ray, Resident of Village-Barwa Dumari, P.S.-Jamo, Block-Lakari Naviganj, District-Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Principal Secretary, Department, Government of Revenue and Land Reforms, Government of Bihar, Patna 3.

The Commissioner-Cum-Revisional Officer, Saran at Chapra. 4.

The Collector, Siwan.

5.

The Sub-Divisional Public Complain Remedy Officer, Maharajganj, District-Siwan.

6.

The Circle Officer, Lakari Nabiganj, Siwan.

7.

Shri Shwaminath Ray, Son of Late Nageshwar Rai. 8.

Shri Binda Ray, 9.

Shri Dinanath Ray, 10.

Shri Ram Badai Ray, All 8 to 10 are Sons of Sri Swaminath Ray. 11.

Shri Hari Ray, Son of Shri Vishwanath Ray. All 7 to 11 are Resident of Village-Barwa Dumari, P.S.-Jamo, Block-Lakari Naviganj, District-Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Ranjan, Advocate For the Respondent/s :

Mr.Sajid Salim Khan -Sc25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(i) Issue writ of mandamus or any other appropriate writ/writs, order/ orders and/or direction/directions.

(ii) For commanding and directing the respondent No.6 to initiate appropriate

Patna High Court CWJC No.16989 of 2018(2) dt.11-09-2024 2/3 proceeding under the provision of Bihar Public Land Encroachment Act, 1956, against the respondent No.7, for removal of the construction made by him over the public road bearing Khata No.147, Khesara No.315, Area13 Katha, 14 Dhur, situated in Village- Barwa Dumari under the Gram Panchayat Raj, Bhada Khurd, Block- Lakari, Nabiganj, DistrictSiwan."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Lakari Nabiganj, Siwan i.e. the respondent no.6 to expedite the proceeding of the pending Encroachment Case No.02 of 2016-17.

3. Per contra, the learned counsel for the respondentState submits that in case the aforesaid encroachment proceedings are still pending consideration, the same would definitely be concluded, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Lakari Nabiganj, Siwan to dispose off the aforesaid Encroachment Case No.02 of 2016-17, in case the same has not yet been disposed off, by passing a reasoned and a speaking order, in accordance with law and after hearing the affected parties,

Patna High Court CWJC No.16989 of 2018(2) dt.11-09-2024 3/3 within a period of six weeks from today.

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

(Mohit Kumar Shah, J) Saurav/- U