Ratan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1824 of 2024 ====================================================== Ratan Singh S/o Late Brajdev Singh, Resident of Village- Jiar, P.S. Asthawan, District- Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate , Nalanda. 2.

The District Magistrate Cum Collector, Nalanda. 3.

The Superintendent of Police, Nalanda.

4.

The Additional Collector (Public Complain Redressal), District Nalanda Cum-first Appellate Tribunal Nalanda, District- Nalanda. 5.

The Sub- Division Public Complain Redressal Officer, Biharsharif, DistrictNalanda. 6.

The Circle Officer, Asthawan, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Respondent/s :

Mr.Addl. Advocate General 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024 The present writ has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ in the nature of MANDAMUS Commanding and directing the Respondent authorities to ensure removal of encroachment made over the land situated in Village Jiar, Anchal Asthawan, appertaining to Thana No. 268 Khata No. 593 Khesrra No. 2544 area 52 acre 54 Decimal and over which for removal a land encroachment case

Patna High Court CWJC No.1824 of 2024(2) dt.29-04-2024 2/3 has already been initiated land encroachment case No. 8/2019-20 and till date encroachment could not be removed.

(ii). For issuance of an appropriate writ in the nature of MANDAMUS Commanding and directing the respondent authorities particularly respondent circle Officer to come in logic illegal end and take final decision in land encroachment case No. 8/2019-20 in which already 4 years have been lapsed."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Respondent No. 6, i.e. the Circle Officer, Asthawan, District-Nalanda, to dispose off the pending Encroachment Case No. 8 of 2019-20.

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 off, 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 Respondent No. 6 to dispose off the aforesaid Land Encroachment Case No. 8 of 2019-20, in case the same has not already been disposed off, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and after

Patna High Court CWJC No.1824 of 2024(2) dt.29-04-2024 3/3 hearing the affected parties, within a period of eight weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U