Bhagwan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2830 of 2023 ====================================================== Bhagwan Prasad Son of Late Ram Vishwash Prasad, Resident of Village Sirsiya Khurd, P.S. Adapur, District East Champaran, Motihari. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Land Reforms, Government of Bihar, Patna.

2.

District Magistrate, Motihari, East Champaran. 3.

The Land Reforms Officer, Raxaul, East Champaran, Motihari. 4.

The Sub-Divisional Officer, Raxaul, East Champaran, Motihari. 5.

The Circle Officer Adapur, East Champaran, Motihari. 6.

Shiv Parshan Ram Son of Deodhari Ram, Resident of Village Sirsiya Khurd, P.S. Adapur, District East Champaran, Motihari. 7.

Parmeshwar Mahto Son of Late Saravdev Mahto, Resident of Village Sirsiya Khurd, P.S. Adapur, District East Champaran, Motihari. 8.

Bhuneshwar Mahto Son of Late Saravdev Mahto, Resident of Village Sirsiya Khurd, P.S. Adapur, District East Champaran, Motihari. 9.

Dasrath Mahto Son of Late Saravdev Mahto, Resident of Village Sirsiya Khurd, P.S. Adapur, District East Champaran, Motihari. 10.

Radha Kishun Mahto Son of Ramcharitra Mahto, Resident of Village Sirsiya Khurd, P.S. Adapur, District East Champaran, Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-09-2023

1. The limited prayer, made by the petitioner, in the present writ petition, is to direct the Circle Officer, Adapur, District-East Champaran at Motihari, to conclude the proceedings of the pending Encroachment Case No.15 of 201920.

2. Per contra, the learned counsel for the respondent-

Patna High Court CWJC No.2830 of 2023(2) dt.26-09-2023 2/2 State submits that in case the aforesaid encroachment case is still pending, the same shall definitely be concluded, within a fixed time frame.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the Circle Officer, Adapur, DistrictEast Champaran to dispose off the aforesaid Encroachment Case No.15 of 2019-20, in case the same has not already been disposed off, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

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

(Mohit Kumar Shah, J) Saurav/- U