Phagu Pandit And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13477 of 2017 ====================================================== 1.

Phagu Pandit, Son of Late Jhakad Pandit 2.

Raghunath Pandit, Son of Late Jhakad Pandit 3.

Suresh Pandit, Son of Late Gyan Chand Pandit. 4.

Suman Pandit, Son of Phagu Pandit 5.

Sanjay Pandit, Son of Raghunath Pandit All Resident of Village-Murli, P.S.- Balthar, Circle-Sikta, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Govt. of Bihar, Patna.

2.

The District Magistrate, Bettiah, West Champaran. 3.

The Sub-Divisional Officer, Narkatiaganj, West Champaran. 4.

The Sub-Divisional Public Grievance Redressal Officer, Narkatiaganj, West Champaran.

5.

The Sub-Divisional Police Officer, Narkatiaganj, West Champarn. 6.

The Deputy Collector, Land Reforms, Narkatiaganj, Dist-West Champaran. 7.

The Circle Officer, Sikta, District-West Champaran. 8.

The Officer In-charge, Balthar Police Station, District-West Champaran. 9.

Shambhu Sah, Son of Babulal Sah.

10.

Rambhu Sah, Son of Babulal Sah.

11.

Lalan Sah, Son of Babulal Sah.

12.

Saryug Sah, Son of Babulal Sah.

13.

Suresh Dubey, Son of Late Satyadeo Dubey. All Resident of VillageMaghiya, P.S.-Balthar, Circle-Sikta, District-West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Chandra, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, Standing Counsel-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2023 At the outset, the learned counsel for the respondent-State, seeks to file a counter affidavit, which is taken on record.

The present petition has been filed for instituting an encroachment case and removing the encroachment from the public road appertaining to

Patna High Court CWJC No.13477 of 2017(3) dt.09-05-2023 2/2 Khata No.4, Khesra No.540 as also Khata No.45, Khesra No.526 and 550, situated at Village-Maghia, West Champaran. The learned counsel for the respondentState has referred to the counter affidavit and submitted before this Court that an encroachment proceeding vide Encroachment Case No.9 of 2017-18, was initiated by the Circle Officer, Sikta, District-West Champaran, whereafter the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, has been passed and a date has been fixed for removal of the encroachment in question, which is stated to be 25.05.2023.

In view of the aforesaid, this Court directs the District Magistrate, West Champaran at Bettiah to ensure removal of the encroachment in question on or before 31st of May, 2023, failing which he shall not draw his salary.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/sonalU