Upendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1869 of 2023 ====================================================== Upendra Prasad Yadav Son of Vishun Ray, Resident of village Bankatwa P.S. Jitana District East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Revenue and Land Reforms, Bihar, Patna.

2.

The Collector, East Champaran.

3.

The Sub Divisional Officer, Sikarahana, East Champaran. 4.

The Anchaladhikari, Bankatwa East Champaran.

5.

Sikindar Prasad Yadav Son of Vishnu Ray, Resident of Village- Banakatwa P.S. Jitna District- East Champaran.

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

For the Petitioner/s :

Mr.Amar Nath Singh, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 Mr. Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-03-2023 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of a writ of mandamus directing the respondent authorities to remove the encroachment from the land of Gairmajarua Malik bearing Khata No. 12, Plot No. 596 situated at Mauza Bankatwa P.S. Jitna District East Champaran from the clutches of the encroachers, who have encroached the said

Patna High Court CWJC No.1869 of 2023(2) dt.18-03-2023 2/3 Govt. land.

(ii). For directing the respondent Anchaladhikari (Respondent No. 4) to dispose of the encroachment case no. 19/2020-21 in accordance with law.

(iii). For directing the respondents to permit the petitioner to reconstruct the old house which has fallen over the said land of khata no. 12, plot no. 596 at Mauza Bankatwa P.S. Jitna District East Champaran in which the petitioner's ancestral was residing since time immemorial."

At the outset, the learned counsel for the petitioner submits that the Circle Officer, Bankatwa, East Champaran, be directed to dispose off the pending Encroachment Case No. 19/2020-21, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956.

Having regard to the limited prayer made by the petitioner, as aforesaid, I deem it fit and proper to direct the Circle Officer, Bankatwa, East Champaran, to dispose off the aforesaid pending Encroachment Case No. 19/2020-21, by passing 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 six weeks of receipt / production of a copy of this order.

Patna High Court CWJC No.1869 of 2023(2) dt.18-03-2023 3/3 The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U