Bhupan Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2849 of 2025 ====================================================== 1.

Bhupan Tiwary Son of Late Yugal Tiwary, Residence of Village and PostChakala Waini, Police Station- Waini, District Samastipur, Pincode- 848131. 2.

Urmila Devi Wife of Bhupan Tiwary, Residence of Village and PostChakala Waini, Police Station- Waini, District Samastipur, Pincode- 848131. ... ... Petitioner/s

Versus

1.

The State of Bihar through State Director, Directorate if Industry Udyog Bihar, East Gandhi Maidan, Patna.

2.

The District Magistrate, Samastipur.

3.

The Sub Divisional Khadi Bhandar Gramodhyog Samiti, Samastipur. 4.

The Block Development Officer, Pusa, Samastipur. 5.

The Circle Officer, Pusa, Samastipur.

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

For the Petitioner/s :

Mr. Abhay Kumar, Adv.

For Khadi :

Dr. Anand Kumar, Adv.

:

Mr. Rajan Prakash, Adv.

For the Respondent/s :

Mr. Sita Ram Yadav, Government Pleader (16) :

Mr. Jitendra Kumar, AC to GP16 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 22-12-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):- "(i) For issuance of direction/ directions particularly to respondents No-2 to disposal the land encroachment Appeal No-57 of 2023 pending in the Court of Collector, Samastipur, within stipulated period of time.

(ii) For any other relief or reliefs to which the Petitioner may be found entitled to in course of hearing of this writ application."

3. Without going into the merits or demerits of the

Patna High Court CWJC No.2849 of 2025(2) dt.22-12-2025 2/3 case, the present writ petition is disposed of at the stage of admission with the consent of both the counsels.

4. Learned counsel appearing on behalf of the petitioners submits that the only relief sought for in the present writ petition is seeking disposal of the land encroachment Appeal No. 57 of 2023 pending before the respondent No. 2 herein (i.e., the District Magistrate, Samastipur). Learned counsel submits that it would suffice for the present, if a direction is given to the respondent No. 2 to dispose of the appeal pending before him by fixing a time frame.

5. Learned counsel appearing on behalf of the respondent No. 3 herein submits that they have nothing to do with the present writ petition and no relief is sought against them.

6. Learned counsel appearing on behalf of the respondent-State submits that they have no objection if a direction is given to the respondent No. 2 herein to dispose of the land encroachment Appeal No. 57 of 2023 if the same is pending before the respondent No. 2.

7. Having regard to the above made submissions, the present writ petition is disposed of directing the respondent No. 2 herein to dispose of the land encroachment Appeal No. 57 of

Patna High Court CWJC No.2849 of 2025(2) dt.22-12-2025 3/3 2023 pending before him, if not already disposed of, as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order. It is needless to mention that before passing any orders, the respondent No. 2 shall put the petitioners as well as any other interested party on notice and grant them an opportunity of hearing. The respondent No. 2 shall grant personal hearing both the petitioners as well as any other interested parties. Any orders passed shall be communicated to the parties.

8. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U