Ashama Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1619 of 2024 ====================================================== Ashama Khatoon Wife of Ansarul Hak @ Ansarul Haq, Resident of VillageWard No. 12, Amirkhan Tola, P.O. and P.S.-Sugauli, Dist-East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The Collector cum District Magistrate, East Champaran, Motihari. 3.

The Circle Officer, Sugauli, East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar, Advocate For the Respondent/s :

Mr.Addl. Advocate General 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024 The present writ petition has been filed seeking the following relief:- "1.A. I. To remove the encroachment over the land public land which is only approaching road to the petitioner's residential land situated at Khata No. 605, Khesara No. 4546, Area 3 Kattha situated at P.S.- Sugauli, District-East Champaran."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Sugauli, East Champaran, Motihari, to dispose of the pending Encroachment Case No. 34 of 201920.

Patna High Court CWJC No.1619 of 2024(2) dt.29-04-2024 2/2 3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be disposed of 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, Sugauli, East Champaran, Motihari, to dispose of the aforesaid Encroachment Case No. 34 of 2019-20, in case the same has not already been disposed of, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and after hearing the afected parties, within a period of eight weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U