Jitendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3105 of 2024 ====================================================== Jitendra Sharma Son of Nand Kishore Sharma Resident of VillageNandanpur, P.O.-Gawandari, P.S.-Taraiya, District-Saran at Chapra-841424. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secreary Government of Bihar, Patna. 2.

The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Additional Chief Secretary, Department of Home, Government of Bihar, Patna.

4.

The Collector-VCum-District Magistrate, Saran at Chapra. 5.

The Sub-Divisional Magistrate, Marhaura, District-Saran at Chapra. 6.

The Deputy Collector Land Reforms, Marhaura, District-Saran at Chapra. 7.

The Circle Officer, Taraiya, District-Saran at Chapra. 8.

The Station House Officer, Taraiya P.S., District-Saran at Chapra. ... ... Respondent 1st Set 9.

Remu Mahto Son of Late Dashrath Manjhi Resident of Village-Nandanpur, P.O.-Gawandari, P.S. Taraiya, District-Saran at Chapra-841424. 10.

Shri Kishun Ram Son of not Known Resident of Village-Nandanpur, P.O.- Gawandari, P.S. Taraiya, District-Saran at Chapra-841424. 11.

Adalat Mahto Son of Bahori Mahto Resident of Village-Nandanpur, P.O.- Gawandari, P.S. Taraiya, District-Saran at Chapra-841424. 12.

Dwarka Sah Son of Lakhi Sah Resident of Village-Nandanpur, P.O.- Gawandari, P.S. Taraiya, District-Saran at Chapra-841424. 13.

Guriya Devi Wife of Vinod Mahto Resident of Village-Nandanpur, P.O.- Gawandari, P.S. Taraiya, District-Saran at Chapra-841424. ... ... Respondent 2nd Set ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan, Adv.

For the Respondent/s :

Mr.Addl. Advocate General (4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of

Patna High Court CWJC No.3105 of 2024(2) dt.06-05-2024 2/3 appropriate writ(s), order(s), direction(s), to the respondents to remove the Encroachment upon Public road relating to Khata No. 329 Survey No. 985, which is approach path to State Highway under revenue village- Nandanpur its Thana No. 245, under Taraiya Circle in the District of Saran."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Taraiya, District-Saran at Chapra, to conclude the proceedings of the pending Encroachment Case No.2 of 2022-23.

3. Per contra, the learned counsel for the respondentState submits that in case the aforesaid encroachment case is still pending adjudication, the same would definitely be disposed off, within a stipulated time frame, as is fixed by this Court.

4. Having regard to the limited prayer made by the learned counsel for the petitioner, I deem it fit and proper to direct the Circle Officer, Taraiya, District-Saran at Chapra, to conclude the proceedings of the aforesaid Encroachment Case No.2 of 2022-23, 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 8 weeks of receipt/production of a copy of this order.

Patna High Court CWJC No.3105 of 2024(2) dt.06-05-2024 3/3

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U