Binay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.940 of 2022 ====================================================== Binay Kumar Sinha Son of Late Kameshwar Prasad Singh, Resident of Mohalla-F/40 Vijay Nagar Hanuman Nagar, PS-Patrakar Nagar, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Director General of Police, Bihar, Patna. 3.

The Commissioner Patna Division, Patna.

4.

The District Magistrate, Patna.

5.

The Senior Superintendent of Police, Patna.

6.

The Patna Municipal Corporation through its Municipal Commissioner, Patna.

7.

The Municipal Commissioner, Patna Municipal Corporation, Patna. 8.

The Circle Officers, Sadar, Patna.

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

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Mrs.Ritika Rani, Advocate For the State :

Mr. Dhrendra Kumar, AC to GP-5 For Patna Municipal Corporation: Mr. Prasoon Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-11-2024 Though the present writ petition has been filed for directing the respondents to remove the encroachment existing over the land, appertaining to Khata No.365, Plot No.935, admeasuring 1 Acre, 72 Decimals, situated at Mauza-Vijay Nagar, Sadikpur Yogi Patna, Sadar Patna, which is alleged to be 'Gairmajrua Aam Land', however, at the outset, the learned counsel for the respondent-State submits, by referring to the counter affidavit, filed in the present case, that the Circle

Patna High Court CWJC No.940 of 2022(6) dt.19-11-2024 2/2 Officer, Sadar, Patna has already initiated encroachment proceedings, vide Encroachment Case No.22 of 2022-23.

2. In view of the aforesaid, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Sadar, Patna to conclude the proceedings of the aforesaid Encroachment Case No.22 of 2022-23, forthwith.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Sadar, Patna to conclude the proceedings of the aforesaid Encroachment Case No.22 of 2022-23, in case the same have not yet been concluded, by passing the final order, under Section 6(1) of the Bihar Public Land 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.

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

(Mohit Kumar Shah, J) kanchan/- U