Satya Narayan Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11224 of 2016 ====================================================== Satya Narayan Singh Son of Jogeshwar Mahto Resident of village - Navtoli Khutauna, P.S. Khutauna, District - Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Madhubani 2.

The Collector, Madhubani 3.

The Sub Divisional Officer, Phulparas, District - Madhubani 4.

The Circle Officer, Khutauna, P.S. Khutauna, District - Madhubani 5.

Ram Udgar Yadav Son of Late Jagat Yadav 6.

Krishna Chaudhary Son of Ganga Ram Chaudhary 7.

Kanhaiya Agrawal Son of Late Manik Chandra Jain 8.

Jai Narayan Mahto Son of Sita Ram Mahto 9.

Ram Chandra Sharma Son of Moti Lal Sharma 10.

Jagdish Mahto Son of Late Rameshwar Thakur 11.

Sahdev Thakur Son of Late Sundar Thakur 12.

Ram Dev Thakur Son of Late Sundar Thakur 13.

Bindeshwar Thakur Son of Late Jagdev Thakur 14.

Krishnadev Thakur Son of Late Sundar Thakur 15.

Rajeshwar Mahto Son of Late Ram Rup Mahto 16.

Rash Lal Mahto Son of Ram Rup Mahto, All residents of village - Navtoli, Khutauna, P.O. Khutauna, District - Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat, Advocate For the State :

Mr. Prabhat Kumar, AC to GA-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2023 The present writ petition has been filed seeking the following relief:- "That this writ application is being filed for issuance of writ(s), order(s), or direction(s) commanding the

Patna High Court CWJC No.11224 of 2016(2) dt.04-04-2023 2/3 respondents authorities to remove the encroachment done by private respondents over the Land of Mauja Khutauna vide Khata Nos. 500 and 501 Khesta No. 4235 and 4229 area 56 decimal is a public road has been encroached upon by the private respondents and despite notices by the respondent authorities have not vacated it and/or for any other relief (s) or direction(s) to which the petitioner is found fit and entitled."

At the outset, the learned counsel for the respondent-State submits, by referring to the counter affidavit filed in the present case that an encroachment proceeding has already been initiated by the Circle Officer, Khutauna bearing Encroachment Case No.02 of 2018-19 and the same shall be taken to its logical conclusion, within a stipulated time frame, as fixed by this Court. Accordingly, the present writ petition stands disposed off with a direction to the Circle Officer, Khutauna to dispose off the aforesaid Encroachment Case No.02 of 2018-19, if not already disposed off, by passing the final order

Patna High Court CWJC No.11224 of 2016(2) dt.04-04-2023 3/3 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.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U