Patna High CourtCWJC/2529/2019disposed

Siya Singh v. The State Of Bihar And ORS

2019-02-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2529 of 2019 ====================================================== Siya Singh Son of late Rewa Singh Resident of Village- Machhariyawan, Police Station- Fatuha, District- Patna ... ... Petitioner/s

Versus

1. The State of Bihar

2. District Magistrate-Cum-Collector, Patna

3. Additional District Magistrate-Cum-Additional Collector, Patna Bihar

4. Deputy Collector, Land Reforms, Patna City, Patna

5. Circle Officer, Daniyawan, Police Station- Fatwah, District- Patna

6. Hare Krishna Hare Ram @ Hare Krishna Prasad Son of late Tulsi Narayan Singh

7. Munna Thakur Son of Mangal Thakur both Resident of VillageMachchariyawan, Police Station- Fatwah, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Raj Shekhar, Advocate For the State :

Mr. Rishi Raj Sinha, SC-19 Mr. Akhilesh Kumar Sinha, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 Heard the parties.

In the present writ application, the petitioner has prayed for issuance of an appropriate writ/direction/order in the nature of mandamus for commanding the respondent/Circle Officer to drop/dispose of a land Encroachment Case bearing No.4/2016-17.

An Encroachment case No.4/2016-17 was initiated by the Respondent No.5 i.e. Circle Officer, Daniyawan, Police Station Fatwah, District Patna in respect of raiyati land belonging to the petitioner. The petitioner has already filed objection under Section 4 of the Bihar Public Land

Patna High Court CWJC No.2529 of 2019(2) dt.15-02-2019 2/2 Encroachment Act. Till date, no date of hearing has been fixed by the Respondent No.5 in compliance of Section 5 of the Act. Considering the submissions made on behalf of the petitioner, the Respondent No.5 is directed to conclude the proceeding, after giving opportunity of hearing to all concerned, in respect of Encroachment case No.4/2016-17 in accordance with law within a period of four months from the date of receipt/production of a copy of this order.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U