Pankaj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18667 of 2017 ====================================================== Pankaj Kumar Son of Sri Dinesh Kumar, resident of Village Karserua Block and Circle Sasaram P.O. and P.S. Darigaon, District Rohtas at Sasaram. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate cum Collector, Rohtas at Sasaram. 3.

The Sub Divisional Officer, Sasaram Sub-Division, Sasaram District Rohtas. 4.

The Circle Officer, Sasaram Circle, District Rohtas at Sasaram. 5.

Mahendra Mahto.

6.

Kishun Mahto, Both sons of Sri Ganga Mahto, resident of Village Karserua, P.O. and P.S. Darigaon, District Rohtas.

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh,Adv.

For the Respondent/s :

Mr.Sajid Salim Khan,SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-05-2023 The learned counsel for the respondentState seeks to file a counter affidavit, which is taken on record. It is admitted in the aforesaid counter affidavit that no final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has been passed till date, in connection with Encroachment Case No. 5 of 2014-15, despite lapse of about nine years, thus for the said dereliction on the part of the Circle Officer, Sasaram, District-Rohtas, a show cause has been issued to him. It is also assured that the erring

Patna High Court CWJC No.18667 of 2017(3) dt.11-05-2023 2/2 officials shall be suspended soon and a departmental proceeding shall also be initiated, forthwith.

In view of the aforesaid, this Court directs the District Magistrate, Sasaram to forthwith take action against the erring Circle Officers and report to the Registrar General of this Court, within a period of two weeks from today.

At this juncture, the learned counsel for the respondent-State submits that the aforesaid Encroachment Case No. 5 of 2014-15, shall be concluded 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 four weeks from today, whereupon, the consequential action shall also be taken forthwith. It is directed accordingly. The present writ petition stands disposed off on the aforesaid terms.

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