Lal Bachan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3821 of 2024 ====================================================== Lal Bachan Sharma Son of Late Kunjan Sharma Resident of Village- Sirsa Manpur, P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2.

The Additional Chief Secretary, Department of Land Reform Department, Government of Bihar, Old Secretariat, Patna.

3.

The Commissioner, Saran, Chapra.

4.

The District Magistrate-cum-Collector, District- Gopalganj. 5.

The Additional Collector-cum-First Appellate Authority, Gopalganj, DistrictGopalganj. 6.

The Sub-Divisional Officer, Gopalganj.

7.

The Circle Officer, Baikunthpur Block Baikunthpur, District- Gopalganj. 8.

The S.H.O., Baikunthpur Police Station, Baikunthpur, District- Gopalganj. 9.

Madan Ram Son of Late Nagina Ram Resident of Village- Sirsa, P.S.- Baikunthpur, District- Gopalganj.

10.

Raj Kumar Ram Son of Late Radha Ram Resident of Village- Sirsa, P.S.- Baikunthpur, District- Gopalganj.

11.

Mahesh Ram Son of Late Radha Ram Resident of Village- Sirsa, P.S.- Baikunthpur, District- Gopalganj.

12.

Gauri Ram Son of Late Radha Ram Resident of Village- Sirsa, P.S.- Baikunthpur, District- Gopalganj.

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

For the Petitioner/s :

Mr.Dhirendra Narain Mallik For the Respondent/s :

Mr.Government Pleader (27) ====================================================== 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 this writ application is being filed for issuance of writ in the nature of mandamus or any appropriate writ directing and

Patna High Court CWJC No.3821 of 2024(2) dt.13-05-2024 2/3 commanding to the respondents to remove the encroachment of Public Road in Khata No.04, Khesra No.282, Thana No.340, Rakba2-20A (2-19-4) of Village- Sirsa, Manpur, Circle Office- Baikunthpur, District- Gopalganj. This Road is pure Public Road in Khatian but respondent No.9 to 12 have deliberately been encroached the public Road and constructing their respective house and obstructed the Public Road of petitioner and other villagers." 2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Baikunthpur, District-Gopalganj to conclude the proceedings of the pending Encroachment Case No.01 of 2023-2024.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid encroachment proceeding has not yet been concluded, the same shall definitely be concluded, within a stipulated time frame, as is directed by this Court.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Baikunthpur, District-

Patna High Court CWJC No.3821 of 2024(2) dt.13-05-2024 3/3 Gopalganj to conclude the proceeding of the aforesaid Encroachment Case No.01 of 2023-2024, in case the same has not yet been concluded, 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.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U