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Patna High CourtCWJC/3099/2024disposed

Pawan Devi v. The State Of Bihar

2024-05-06Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3099 of 2024 ====================================================== Pawan Devi Wife of Late Ganesh Kunwar resident of village- Nawtol, Ward No. - 2, Block - Biraul, P.O - Bhawanipur, P.S. - Biraul, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar represented through the Principal Secretary, Land Reforms Department, Govt. of Bihar.

2.

The District Magistrate, Darbhanga.

3.

The Circle Officer Biraul, Darbhanga.

4.

Circle Inspector, Biraul, Darbhanga.

5.

Station House Officer Biraul Police Station, Biraul District - Darbhanga, Bihar.

6.

Phulan Kunwar, Son of Ghapchan Kunwar Resident of village- Nawtol, Post Bhawanipur, P.S. - Biraul, District - Darbhanga. 7.

Phani Shankar Kunwar, Son of Bal Mukund Kunwar, Resident of villageNawtol, Post Bhawanipur, P.S. - Biraul, District - Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Jha, Adv.

For the Respondent/s :

Mr.Sarvesh Kr. Singh, AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) To issue a writ in the nature of Mandamus for a direction to the respondents authorities to make sure that the land of Khata No. 2091, and khesra No. 4232, measuring 13 Decimal of Mauza-Rohar, Circle- Biraul, District Darbhanga, be encroachment free from the hands of respondents 2nd set, which was being used by the petitioner and villagers for their transmigration/communication and other activities since long.

Patna High Court CWJC No.3099 of 2024(2) dt.06-05-2024 2/3 (ii) To issue a writ in the nature of Mandamus for a direction to the respondents authorities specially to respondent no. 2 and 3, to make the land/road encroachment free from the hands of some mussels men of the village so that the villagers of locality may use the road for their transmigration."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Biraul, DistrictDarbhanga, to conclude the proceedings of the pending Encroachment Case No.17 of 2019-2020, expeditiously.

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

4. Having regard to the limited prayer made by the learned counsel for the petitioner, I deem it fit and proper to direct the Circle Officer, Biraul, District-Darbhanga, to conclude the proceedings of the aforesaid Encroachment Case No.17 of 2019-2020, 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 affected parties, within a period of 6 weeks of receipt/production of a copy of this order.

5. The writ petition stands disposed off on the

Patna High Court CWJC No.3099 of 2024(2) dt.06-05-2024 3/3 aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U