Gaurishankar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3161 of 2024 ====================================================== Gaurishankar Ray S/o- Ramswarth Ray Resident of Village- Dharharwa, P.O.- Dipahi, P.S.- Chiraiya, District- East Champaran ... ... Petitioner/s

Versus

1.

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

The District Magistrate, East Champaran at Motihari. 3.

The Additional Collector, East Champaran at Motihari. 4.

Shyam Sundar Ray S/O- Singesar Ray Resident of Village- Dharharwa, P.O.- Dipahi, P.S.- Chiraiya, District- East Champaran. 5.

Binod Ray S/o- Ramdeo Ray Resident of Village- Dharharwa, P.O.- Dipahi, P.S.- Chiraiya, District- East Champaran.

6.

The Circle Officer, Chiraiya, East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

Mr.Hemant Kumar, Adv.

For the Respondent/s :

Mr.Government Pleader (27) Mr.Shardanand, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-10-2024

1. Though the present writ petition has been filed for directing the respondents to remove the encroachment made over the Gairmajarua aam road land, appertaining to Khata No.384, Khesara No.5199, Rakwa-1.60 acre, situated at Dharharwa village, P.S.-Chiraiya, District-East Champaran, however, it is pointed out by the learned counsel for the respondent-State that the encroachers have filed an appeal before the District Magistrate, East Champaran at Motihari, against the final order dated 17.03.2024, passed by the Circle Officer, Chiraiya, District-East Champaran at Motihari, under Section

Patna High Court CWJC No.3161 of 2024(4) dt.07-10-2024 2/2 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.8 of 2021-22.

2. In view of the aforesaid, the learned counsel for the petitioner seeks a direction upon the District Magistrate, East Champaran at Motihari, to expeditiously dispose off the aforesaid appeal filed by the encroachers.

3. Per contra the learned counsel for the respondentState submits that the aforesaid appeal shall definitely be disposed off, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to direct the District Magistrate, East Champaran at Motihari to dispose off the appeal filed by the encroachers, by passing a reasoned and a speaking order, in accordance with law, 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) sonal/- U