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Patna High CourtCWJC/4054/2021disposed

Shivendra Jha v. The State Of Bihar

2022-08-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4054 of 2021 ====================================================== 1.

SHIVENDRA JHA Son of Late Laxmikant Jha Resident of Panchgachhiya Uttarwari Tola, Ward no. 4, P.s.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary General, Administration Department, 2.

District Magistrate cum Second Appellate Authority (Lok Shikayat Niwaran) Saharsa 3.

Additional Collector, (Lok Shikayat Niwaran), cum First appellate Authority, Saharsa 4.

Sub Divisional Lok Shikayat Niwaran Officer, Sub Division Saharsa Sdar, District- Saharsa 5.

Circle Officer, circle- Sattarkataiya, district- Saharsa ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjana Pathak For the Respondent/s :

Mr.Lalit Kishore (Ag) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-08-2022 Though the present writ petition has been filed for removing encroachment made over public road, appertaining to Khesra No. 719, Khata No. 494, Rakba No. 0-2-10 category-Rasta-Decimal 011, however, the learned counsel for the Respondent-State has submitted that an encroachment case bearing Encroachment Case No. 4/2019-2020 has already been initiated by the Circle Officer, Sattarkataiya, District-Saharsa i.e. the

Patna High Court CWJC No.4054 of 2021(2) dt.26-08-2022 2/2 Respondent No. 5, hence, it is the prayer of the petitioner that the Respondent No. 5 be directed to conclude the proceedings of the aforesaid encroachment case and remove the encroachment.

Having regard to the facts and circumstances of the case, the Respondent No. 5 is directed to conclude the proceedings of the aforesaid Encroachment Case No. 4/2019-2020 and pass 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 twelve weeks of receipt / production of a copy this order.

The writ petition stands disposed of.

(Mohit Kumar Shah, J) Ajay/- U