Bipin Kumar Agarwal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4241 of 2019 ====================================================== Bipin Kumar Agarwal Son of Sri Vijay Kumar Agarwal R/o Village and P.O. Harsidhi, P.s. Harsidhi, District East Champaran, Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 2.

The Principal Secretary Revenue and Land Reforms Dept., Govt. of Bihar, Patna 3.

The District Magistrate-cum-Second Appellate Authority of Public Complain Redressal Officer District East Champaran, Motihari 4.

The District Magistrate East Champaran, Motihari 5.

The Sub Divisional Officer Areraj, District Motihari 6.

The Circle Officer Harsidhi, District East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Sajid Salim Khan (SC25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 Heard the parties.

In the present writ application, the petitioner has prayed for issuance of a writ in the nature of mandamus for direction to the respondents for consider the case of the petitioner for removing encroachment in Khata No.93, Khesra No.309 as gairmajrua malik.

The petitioner had made an application before the Respondent No.4 i.e. The District Magistrate, East Champaran, Motihari for redressal of his grievance. It appears from the said representation that Encroachment case No.18/2017-18 has

Patna High Court CWJC No.4241 of 2019(2) dt.06-03-2019 2/2 already been initiated. The said proceeding is pending before the Respondent No.6.

Considering the aforesaid facts, the Respondent No.6 i.e. The Circle Officer, Harsidhi, District East Champaran, Motihari is directed to conclude the said proceeding expeditiously in accordance with law after giving opportunity to all the concerned parties after complying with the provisions as laid down under different Sections of the Bihar Public Land Encroachment Act, 1956.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U