Prabhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2630 of 2024 ====================================================== Prabhakar Singh Son of Tanik Lal Singh, Resident of village- Phulwaraia- 1, P.S.-Phulwaria, District - Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, Begusarai, Bihar.

4.

The Superintendent of Police, Begusarai, Bihar. 5.

The Sub- Divisional Officer, Teghra, Begusarai, Bihar. 6.

The Circle Officer, Teghra, Begusarai, Bihar. 7.

Vikash Kumar Singh, Son of Late Ramlal Rai Village Phulwaraia, P.S.- Phulwaria, District- Begusarai.

8.

Ramnaresh Paswan, Son of Ramdaylu Paswan Village Phulwaraia, P.S.- Phulwaria, District- Begusarai.

9.

Manoj Kumar, Son of Ramdaylu Paswan Village Phulwaraia, P.S.- Phulwaria, District- Begusarai.

10.

Md. Isak, Son of Gulam Rasool Alam Village Phulwaraia, P.S.- Phulwaria, District- Begusarai.

11.

Md. Saheb, Son of Md. Ashraf Village Phulwaraia, P.S.- Phulwaria, DistrictBegusarai. 12.

Md. Sakil, Son of Mansoor Alam Village Phulwaraia, P.S.- Phulwaria, District- Begusarai.

13.

Md. Abbash, Son of Ali Sekh Village Phulwaraia, P.S.- Phulwaria, DistrictBegusarai. 14.

Baijnath Ram, Son of Sonelal Ram Village Phulwaraia, P.S.- Phulwaria, District- Begusarai.

15.

Md. Akhtar, Son Alam Village Phulwaraia, P.S.- Phulwaria, DistrictBegusarai. 16.

Suresh Ram, Son of Viso Ram Village Phulwaraia, P.S.- Phulwaria, DistrictBegusarai. 17.

Munsi Ram, Son of Mangal Ram Village Phulwaraia, P.S.- Phulwaria, District- Begusarai.

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

For the Petitioner/s :

Mr.Manoj Kumar Singh, Adv.

For the Respondent/s :

Ms. Binita Singh, SC-28 Mr. Kumaresh Singh, AC to SC-28 ======================================================

Patna High Court CWJC No.2630 of 2024(2) dt.13-05-2024 2/3 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024 The present writ petition has been filed seeking the following relief:- "1. That by way of this writ petition, the petitioner craves indulgence of this Hon'ble court for the issuance of a writ in the nature of Mandamus or an appropriate writ, Order or Orders, direction or directions commanding the respondents authorities for removal of illegal and unauthorized encroachment upon the survey road by private persons appertaining to Mauja- Phulwaria, Thana No. 390, Kherhra No. 4176, which is recorded as survey road in the Government records as it has been encroached the private respondents and the petitioner further prays for other consequential relief or reliefs for which the petitioner is entitled under the law."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the respondent no. 6 i.e. the Circle Officer, Teghra, District-Begusarai, to conclude the proceedings of the pending Encroachment Case No.1 of 2023-24.

3.

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

Patna High Court CWJC No.2630 of 2024(2) dt.13-05-2024 3/3 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 6 to conclude the proceedings of the aforesaid Encroachment Case No. 1 of 2023-24, in case the same is still pending, 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 six 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) Ajay/- U