Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1455 of 2022 ====================================================== Arun Kumar Singh Son of Sri Kashi Singh, Resident of Village Sewai Tola, P.S. Nawanagar, Sub division- Dumraon, District - Buxar - 802129. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The Principal Secretary, Minor Water Resources Department, Bihar. 3.

The Executive Engineer, Minor Irrigation Division, District - Buxar. 4.

The District Magistrate-cum-Collector, Buxar. 5.

The Circle Officer, Nawanagar, Buxar.

6.

Om Hari, Son of Sri Kabilash Singh, Resident of Village Sewai Tola, P.S. - Nawanagar, Sub division- Dumraon, District - Buxar - 802129. 7.

Hari Shankar Singh, Son of Late Dev Muni Singh, Resident of Village Sewai Tola, P.S. - Nawanagar, Sub division- Dumraon, District - Buxar - 802129.

8.

Kailash Singh, Son of Late Dulari Singh, Resident of Village Sewai Tola, P.S. - Nawanagar, Sub division- Dumraon, District - Buxar - 802129. 9.

Jalim Singh, Son of Sri Navrang Singh, Resident of Village Sewai Tola, P.S. - Nawanagar, Sub division- Dumraon, District - Buxar - 802129. 10.

Nanhak Singh, Son of Late Firangi Singh, Resident of Village Sewai Tola, P.S. - Nawanagar, Sub division- Dumraon, District - Buxar - 802129. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Prachi Pallavi, Advocate For the Respondent/s :

Mr.Anirban Kundu (Standing Counsel-24) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2022 Though the present writ petition has been filed for directing the respondents to remove the encroachment made by the private respondents on Ahar land (public land) situated over Mauja-Sewai, Thana No. 460, Khata No. 66, Khesra No. 390 & 392, Rakba-2.90 acre, however, it has transpired from the records that an encroachment proceeding bearing Encroachment

Patna High Court CWJC No.1455 of 2022(2) dt.11-08-2022 2/2 Case No. 24 of 2019-20 has been initiated by the Circle Officer, Nawanagar, District-Buxar i.e. the respondent no. 5. The learned counsel for the respondent-State, on instruction, has submitted that the respondent no. 5 has passed the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 on 26.04.2022 and efforts are underway to remove the encroachment in question. Having regard to the submissions made by the learned counsel for the respondent-State, I deem it fit and proper to dispose off the present writ petition with a direction to the respondent no. 5 to ensure removal of encroachment, in case the final order dated 26.04.2022 passed by him has not been annulled by any higher forum or by any higher court of law, within a period of eight weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) S.Sb/- U