Hare Ram Choudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13933 of 2016 ====================================================== Hare Ram Choudhary S/o Sube Lal Choudhary, resident of Village- Gurrha Andhara, Police Station- Rudrapur, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Madhubani.

3.

The Sub-Divisional Officer, Jhanjharpur, Madhubani. 4.

The Circle Officer, Andhara Thari, Madhubani. 5.

The B.D.O., Andhara Thari, Madhubani.

6.

Sahadeo Choudhary S/o Late Asharfi Choudhary. 7.

Lalit Choudhary S/o Late Dasai Choudhary.

8.

Srikant Choudhary S/o Late Dasai Choudhary. All are resident of VillageGurrha Andhara, P.S.- Rudrapur, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Bhushan Singh, Advocate For the Respondent/s :

Mr.Pushkar Narain Shahi-AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following reliefs:- "(i) For issuance of an appropriate writ/order or direction to respondents to vacate the encroachment from the government land Thana No. 242, Plot No.

145, Khesra No. 83 which has been encroached by respondents no.-6, 7 and 8 and constructing house upon it.

(ii) For issuance of an appropriate writ/order or direction to direct the respondent no.-2 specifically to vacate

Patna High Court CWJC No.13933 of 2016(2) dt.04-04-2023 2/3 the encroachment from land grabber Respondent No.-6, 7 and 8 under section 3 of the Bihar Public Land Encroachment Act, 1956 and take action and punishment also under Section 6 (4) of the Bihar Public Land Encroachment Act, 1956."

At the outset, the learned counsel for the respondent-State has submitted by referring to the counter affidavit filed in the present case that encroachment proceedings vide Encroachment Case No. 7 of 2017-18 has already been initiated by the Circle Officer, Andhara Thari, DistrictMadhubani, and notices have also been issued to the encroachers, hence some time be granted to take the aforesaid encroachment proceeding to its logical conclusion.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the Circle Officer, Andhara Thari, District-Madhubani to conclude the proceedings of the aforesaid encroachment case by passing the

Patna High Court CWJC No.13933 of 2016(2) dt.04-04-2023 3/3 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 six weeks of receipt/production of a copy of this order, whereafter, he shall take the consequential action forthwith.

The writ petition stands disposed off on the aforesaid terms.

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