Suresh Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1386 of 2014 ====================================================== Suresh Yadav S/o Late Lalu Yadav, resident of Village Bikrampur, P.OMatiari Bazar Via Bhore, P.S- Bijayipur, District-Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Gopalganj.

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

3. The Superintendent of Police, Gopalganj, District- Gopalganj.

4. The Sub- Divisional Officer, Hathua, Gopalganj, District- Gopalganj.

5. The Circle Officer, Vijayipur, Circle- Vijayipur, District- Gopalganj.

6. The Officer In- Charge, P.S- Vijayipur, District- Gopalganj,

7. Uday Bhan Yadav S/o Ranjeet Yadav, resident of Village-Bikrampur, P.S and Anchal- Bijayipur, District- Gopalganj.

8. Bali Ram Yadav S/o Ranjeet Yadav, resident of Village-Bikrampur, P.S and Anchal- Bijayipur, District- Gopalganj.

9. Balister Yadav S/o Ranjeet Yadav, resident of village-Bikrampur, P.S and Anchal- Bijayipur, District- Gopalganj.

10. Paras Yadav S/o Ranjeet Yadav, resident of Village-Bikrampur, P.S and Anchal- Bijayipur, District- Gopalganj.

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

For the Petitioner/s : Mr. Nityanand Mishra, Advocate For the Respondent/s : Mr. Anjani Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 19-03-2015 Mr. Nityanand Mishra for the petitioner and Mr. Sanjay Kumar, Assisting Counsel to AAG-6 for the State. The only grievance raised in this writ petition is that the proceedings in Encroachment Case No. 2 of 2011 initiated by the Circle Officer, Vijayipur in the District of Gopalganj against the encroachers under the provisions of the Bihar Public Land Encroachment Act, 1956 has not been taken to its logical conclusion although a period of almost four years has lapsed.

Patna High Court CWJC No.1386 of 2014 (3) dt.19-03-2015 The matter was taken up on 12.3.2015 when learned counsel for the State was directed to seek instructions on this limited issue and today when the matter is taken up Mr. Sanjay Kumar informs the Court that the Circle Officer, Vijayipur is in seisin of the matter and notices is to be issued to the alleged encroachers.

Having heard learned counsel for the parties and taking note of the submission made by the learned counsel for the State the writ petition is disposed of with a direction to the Circle Officer, Vijayipur, District-Gopalganj to consider and dispose of the encroachment case expeditiously and preferably within nine months from today after giving opportunity of hearing to the petitioner and the alleged encroachers. The petitioner would be at liberty to raise all issues during the course of the proceedings. (Jyoti Saran, J) S.Sb/- U