Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3928 of 2024 ====================================================== Pappu Kumar Son of Late Anil Kumar Singh @ Anil Kumar Resident of Village- Belwa Madho, P.S. Kotwa, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, land Reforms and Revenue Department, Bihar, Patna.

2.

The Collector, East Champaran, Motihari.

3.

The C.O., Kotwa, Motihari.

4.

The S.D.O., Kotwa, Motihari.

5.

The S.H.O. Kotwa, Motihari.

6.

Chandeshwar Paswan Son of late Rudal Paswan Resident of Village- Belwa Madho, P.S.- Kotwa, District- East Champaran. 7.

Durga Paswan Son of late Rudal Paswan Resident of Village- Belwa Madho, P.S.- Kotwa, District- East Champaran.

8.

Kishun Paswan Son of Late Janak Paswan Resident of Village- Belwa Madho, P.S.- Kotwa, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Advocate For the Respondent/s :

Addl. Advocate General (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024 The present writ petition has been filed seeking the following relief:- "That this is an application for issuance of an appropriate writ and other writs in the nature of mandamus commanding the respondents to initiate the proceeding against respondent No.6 to 8 under the Bihar Public Land Encroachment Act, 1956 and after hearing the parties an appropriate order removing the encroachment made over public land being

Patna High Court CWJC No.3928 of 2024(2) dt.13-05-2024 2/3 used as Public Land/Road and he wants to build a road on the public land, but respondent No.6 to 8 have encroached the land which is Khata No.13 and Khesra No. 1752."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Kotwa, District-Motihari to conclude the proceedings of the pending Encroachment Case No.04 of 2018-19.

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, Kotwa to conclude the proceeding of the aforesaid Encroachment Case No.04 of 2018-19, in case the same has not yet been concluded, by passing the final order, under Section 6(1) of the Bihar Public Land Encroachment

Patna High Court CWJC No.3928 of 2024(2) dt.13-05-2024 3/3 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