Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2223 of 2024 ====================================================== Brajesh Kumar Son of Prem Shankar Lal, Resident of Village - Abhaide, P.S. - Ramgarh, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate Kaimur at Bhabua.

3.

The Sub-Divisional Officer, Mohania, District - Kaimur at Bhabua. 4.

The Circle Officer, Ramgarh, District - Kaimur at Bhabua. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Respondent/s :

Mr.Ajay Behari Sinha, Sr. Adv.

Mr.KM Pana, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application on behalf of the petitioner for issuance a writ, order or direction including a writ in the nature of mandamus commanding the respondent No. 1 to 4 to take appropriate action against the encroacher related to the land mentioned in the Encroachment case No. 24 of 2022-23 and directed to the respondent no. 4 removed the encroached the land recorded as a Anabad Sarvsadharan in the village- Abhaide, P.S. Ramgarh, district-Kaimur at Bhabua and may be directed to the concern respondent to remove the construction in public land (Anabad Sarv Sadharan) and issuance a writ order or direction in the nature of mandamus commanding the respondents to not construct any type of hut in the

Patna High Court CWJC No.2223 of 2024(2) dt.02-05-2024 2/2 future in the public land."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Ramgarh, DistrictKaimur at Bhabhua, to conclude the proceedings of the pending Encroachment Case No.24 of 2023-24.

3. The learned counsel for the respondent-State submits that in case the aforesaid encroachment case is still pending adjudication, the same would definitely be disposed off, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the limited prayer made by the learned counsel for the petitioner, I deem it fit and proper to direct the Circle Officer, Ramgarh, District-Kaimur at Bhabhua, to conclude the proceedings of the aforesaid Encroachment Case No.24 of 2023-24, 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 6 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) sonal/- U