Fanindra Kumar Pandey v. The District Magistrate,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4141 of 2020 ====================================================== Fanindra Kumar Pandey Son of Badari Narayan Sharma, Resident of VillageBakaur, Police Station-Islampur, District-Nalanda. ... ... Petitioner/s

Versus

1.

The District Magistrate, Nalanda.

2.

The Sub Divisional Magistrate, Hilsa.

3.

The Land Reforms Deputy Collector, Hilsa, Nalanda. 4.

The Circle Officer, Islamapur.

5.

The Circle Inspector, Islampur.

6.

Kamta Prasad Sharam @ Kamta Pandey Son of Late Shree Pandey Resident of Village-Bakaur, Police Station-Islampur, District-Nalanda. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 3087 of 2024 ====================================================== Kamta Prasad Sharma Alias Kamta Pandey S/o Late Siri Pandey Resident of Village- Bakaur, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, Nalanda at Bihar Sharif. 3.

Superintendent of Police, Nalanda at Bihar Sharif. 4.

Deputy Collector, Land Reform Officer, Nalanda at Bihar Sharif. 5.

Sub-Divisional Officer, Hilsa, District- Nalanda. 6.

Circle Officer, Islampur, District- Nalanda.

7.

Inspector cum S.H.O., Islampur Police Station, District- Nalanda. 8.

Fanindev Kumar Pandey Son of Badri Narayan, Resident of VillageBakour, P.S.- Islampur, District- Nalanda. ... ... Respondent/s ====================================================== Appearance :

(In Civil Writ Jurisdiction Case No. 4141 of 2020) For the Petitioner/s :

Mr.Shashi Chandra Pandey For the Respondent/s :

Mr.Md. Khursid Alam ( Aag12 ) (In Civil Writ Jurisdiction Case No. 3087 of 2024) For the Petitioner/s :

Mr.Pramod Kumar Yadav, Adv.

For the State :

Mr. Swapnil Kumar Singh, AC to GP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

Patna High Court CWJC No.4141 of 2020(8) dt.11-12-2024 2/3 ORAL ORDER 11-12-2024 As far as the first case i.e. CWJC No. 4141 of 2020 is concerned, the Circle Officer, Islampur, District-Nalanda, i.e. the Respondent No. 4, has already initiated Encroachment Case No. 2 of 2012-13, nonetheless, it is submitted by the learned counsel for the Respondent-State that though the same is yet to be concluded but the same would definitely be finalized, by passing of 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 six weeks from today and thereafter, appropriate action shall be taken accordingly. It is directed accordingly.

2.

As far as the second case i.e. CWJC No. 3087 of 2024 is concerned, the Circle Officer, Islampur, District-Nalanda, i.e. the Respondent No. 6, has initiated encroachment proceedings vide Encroachment Case No. 7 of 2012-13, however, the learned counsel for the Respondent-State submits that the same is still pending, nonetheless, the same would be concluded, by passing of 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 six weeks from today and thereafter, appropriate action shall be taken accordingly. It is directed accordingly.

Patna High Court CWJC No.4141 of 2020(8) dt.11-12-2024 3/3 3.

Accordingly, the present writ petitions stand disposed off on the aforesaid terms, especially in view of the fact that the Ld. Counsels for the petitioners of the aforesaid two cases do not have any objection to conclusion of the aforesaid encroachment proceedings.

(Mohit Kumar Shah, J) Ajay/- U