Manoj Kumar @ Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.855 of 2019 ====================================================== Manoj Kumar @ Manoj Kumar Singh Son of Mahadeo Singh, resident of Village- Mahuat, P.O.- Mahuat, P.S.- Sonhan, District- Kaimur, Bhabua. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector-cum-District Magistrate, Kaimur, Bhabua. 3.

The Additional Collector, Kaimur, Bhabua.

4.

The Deputy Collector, Kaimur, Bhabua.

5.

The Sub Divisional Officer, Kaimur, Bhabua.

6.

The Circle Officer, Kaimur, Bhabua.

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

For the Petitioner/s :

Mr.Abhash Mr. Pradhan Murli Manohar Mr. Raju Kumar For the State :

Md. Majid Mahboob Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-06-2022 The present writ petition has been filed for directing the Respondent-State authorities to remove the unauthorized encroachment made by unauthorized people over the land, appertaining to Khata No. 183, Plot No. 497, area 2.18 acre type of land pokhar, Plot No. 499, area 6.03 acre type of land as a Gawahr and Plot No. 286, Area 8.18 acres type of land as Gawaher, which is situated in Mauja-Mahuat, P.S.-Sonhan, District-Kaimur.

The learned counsel for the State, by

Patna High Court CWJC No.855 of 2019(2) dt.29-06-2022 2/3 referring to paragraph no. 11 of the counter affidavit filed in the present case, has submitted that the report of the Halka Karamchari and Anchal Amin, who had measured the land in question and reported about the alleged encroachment, were sent to 142 encroachers by issuing notices under Section 3 of the Bihar Public Land Encroachment Act, 1956, however, they failed to produce any documentary evidence in respect of ownership / title over the said encroached lands in question and thereafter, the Respondent No. 6 i.e. the Circle Officer, Kaimur at Bhabua has passed the final order dated 19.8.2019 and steps are being taken for issuing final notices to the encroachers to remove the encroachment over the encroached lands in question.

Having regard to the fair stand taken by the Respondent-State, this Court finds that the present writ petition can be disposed of with a direction to the Circle Officer, Kaimur at Bhabua to finally conclude the encroachment proceedings, which have been initiated under the provisions of

Patna High Court CWJC No.855 of 2019(2) dt.29-06-2022 3/3 the Bihar Public Land Encroachment Act, 1956, within a period of four weeks of receipt / production of a copy of this order by ensuring removal of the encroachment in question.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U