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Patna High CourtCWJC/3100/2020disposed

Hajari Ray, v. The State Of Bihar

2022-09-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3100 of 2020 ====================================================== Hajari Ray, Son of Late Rajdev Ray, Resident of Village-Dhanushi (Methaura) Ward No. -01, P.O.-Bishanpur, P.O. and Anchal-Dumara, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Land Reforms Department, Govt. of Bihar at Patna.

2.

The District Magistrate, Sitamarhi.

3.

The Sub Divisional Magistrate, Sitamarhi.

4.

The Circle Officer, Dumra, Sitamarhi.

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

For the Petitioner/s :

Mr.Vijay Kumar Mishra, Adv.

For the Respondent/s :

Mr.Abhay Kumar Kashyap, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2022 Though, the present writ petition was filed for removing encroachment from Government land as well as Aam Rasta (Public Road) situated in Dumra Circle Panchayat, Methaura, Tola- Rupauli of village- Dhanushi, appertaining to Thana No. 292, Khata No. 1060, Khesra No. 1747, Area 0.12 Dec., however, the learned counsel for the respondent State, Shri Abhay Kumar Kashyap, AC to GP-18, has submitted by referring to counter affidavit filed in the present case, that the Circle Officer, Dumra, Sitamarhi, has already initiated encroachment proceedings vide encroachment case no. 16/1516, and the same would also be concluded within a stipulated time frame, as directed by this Court.

Patna High Court CWJC No.3100 of 2020(2) dt.20-09-2022 2/2 In such view of the matter, I deem it fit and appropriate to dispose off the present writ petition with a direction to the Circle Officer, Dumra, Sitamarhi, to pass final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with the Encroachment Case No. 16 of 2015-16, in accordance with law and after hearing the affected parties within a period of 12 weeks from the date of receipt/production of a copy of this order as also take appropriate action thereafter, accordingly.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U