Jhunnu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4083 of 2023 ====================================================== Jhunnu Pandey Son of Late Baijnath Pandey Resident of VillageGarigapipra, Police Station- Paharpur, District- East Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, East Champaran, at Motihari. 3.

The Sub Divisional Officer, Areraj, District East Champaran. 4.

The Circle Officer, Block- Paharpur, District- East Champaran. 5.

The Anchal Amin, Block Paharpur, District- East Champaran. 6.

Ashok Ram, Son of Late Sri Kishun Ram Resident of Village Gangapipra, P.S. Paharpur, District- East Champaran.

7.

Raj Kumar Ram, Son of Ashok Ram Resident of Village Gangapipra, P.S. Paharpur, District- East Champaran.

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2023 The present writ petition has been filed seeking the following relief:- "1.(i) For issuance of appropriate writ for directing and commanding the respondent No. 4 to remove the encroachment from the Public Land (Gairmajrua Aam) pertaining to Khata No. 22, Kheshra No.1196 Area 2 1⁄2 situated in village- Gangapipra under Block-Paharpur, DistrictEast Champaran."

2.

At the outset, the learned counsel for the petitioner submits that the final order dated

Patna High Court CWJC No.4083 of 2023(2) dt.10-10-2023 2/2 29.08.2022 passed by the Circle Officer, Paharpur, District-East Champaran, in connection with Encroachment Case No. 08 of 2021-22, has been challenged by the encroachers by filing an appeal under Section 11 of the Bihar Public Land Encroachment Act, 1956 before the Collector, East Champaran at Motihari, hence he be directed to dispose off the same within a limited time frame. 3.

Accordingly, I deem it fit and proper to direct the Collector, East Champaran at Motihari to dispose off the pending appeal, bearing Encroachment Appeal Case No. 54 of 2022, 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, whereafter appropriate action, as warranted, in accordance with law, shall be taken, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U