Ankesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1598 of 2024 ====================================================== Ankesh Kumar Singh S/o Sri Ram Sevak Singh, R/o Village -Ashrafpur Supaul, Via - Basudeopur Chandel, P.S. and Anchal - Patori, Distt - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Revenue and Land Reforms Department, Old Secretariat, Patna.

2.

The District Magistrate, Samastipur.

3.

The Sub-Divisional Officer, Sub Division- Patori, District- Samastipur. 4.

The Deputy Collector, Land Reforms, Patori, District - Samastipur. 5.

The Circle Officer, Anchal Patori, District- Samastipur. 6.

Sita Shah, Son of Late Bhim Shah, Resident of Village - Supaul Via Bishundeo Chandel, P.O. - Patori, P.S. - Patori, District - Samastipur. 7.

Anil Shah, Son of Late Raghunath Shah, Resident of Village - Supaul Via Bishundeo Chandel, P.O. - Patori, P.S. - Patori, District - Samastipur. 8.

Anil Shah, Son of Late Raja Ram Shah, Resident of Village - Supaul Via Bishundeo Chandel, P.O. - Patori, P.S. - Patori, District - Samastipur. 9.

Lala Shah, Son of Late Raja Ram Shah, Resident of Village - Supaul Via Bishundeo Chandel, P.O. - Patori, P.S. - Patori, District - Samastipur. 10.

Sushil Shah, Son of Late Vishwanath Shah, All Resident of Village - Supaul Via Bishundeo Chandel, P.O. - Patori, P.S. - Patori, District - Samastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Verma, Advocate For the Respondent/s :

Mr.Government Pleader 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2024 The present writ petition has been filed seeking the following relief:- "1 i) For the issuance of a writ/order/direction to the concerned Respondent Authorities to dispose of Encroachment Case No. of 2022 (Ankesh Kumar Singh Versus Sita

Patna High Court CWJC No.1598 of 2024(2) dt.29-04-2024 2/3 Shah and Others) pending before the Circle Officer, Anchal Patori, District Samastipur as well as remove encroachment from petitioner's land situated under Anchal Patori, District Samastipur bearing Khata No. 71, Khesra No.

926 Rakwa 4 Katha 16 Dhur, and Khesra No. 1016, Rakwa 21⁄2 dhur.

The aforesaid land has been encroached by the Respondent No. 6 to 10."

2.

At the outset, the learned counsel for the petitioner submits that the Circle Officer, AnchalPatori, District-Samastipur, be directed to dispose off the pending Encroachment Case filed by him on 29.07.2022.

3.

Per contra, the learned counsel for the respondent-State submits that in case the petitioner has filed any encroachment case, as aforesaid, the same would definitely be taken to its logical conclusion 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 Circle Officer, Anchal-Patori, District-

Patna High Court CWJC No.1598 of 2024(2) dt.29-04-2024 3/3 Samastipur to dispose off the aforesaid Encroachment Case, in case the same has been filed and is still pending, 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 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) S.Sb/- U