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Patna High CourtCWJC/5095/2021disposed

Manish Kumar v. The State Of Bihar

2022-09-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5095 of 2021 ====================================================== Manish Kumar S/O Jai Prakash Singh Resident of Mohalla - Kalyanpur, P.O. - Kalyanpur, P.S. - Pipra, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar, Patna. 2.

The District Magistrate, Patna.

3.

The Circle Officer, Punpun, Patna.

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

For the Petitioner/s :

Mr.Shyama Kant Singh, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-09-2022 The learned counsel for the petitioner has submitted that the Circle Officer, Punpun, Patna i.e. the respondent no. 3 has initiated an encroachment proceeding vide Encroachment case no. 4 of 2018-19, however the same is not being taken to its logical conclusion.

The learned counsel for the respondent- State submits that in case, the proceedings of the aforesaid encroachment case has not been concluded by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956"), necessary action shall be taken within a stipulated time frame. Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with a

Patna High Court CWJC No.5095 of 2021(2) dt.02-09-2022 2/2 direction to the respondent no. 3 to dispose off the aforesaid Encroachment case no. 4 of 2018-19, if not already disposed off, by passing the final order under Section 6(1) of the Act, 1956, in accordance with law and after hearing the affected parties, within a period of 12 weeks of receipt/ production of a copy of this order.

(Mohit Kumar Shah, J) rinkee/- U