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Patna High CourtCWJC/4187/2022disposed

Kamlesh Kumar v. The State Of Bihar

2022-11-28Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4187 of 2022 ====================================================== Kamlesh Kumar Son of Nageshwar Prasad Resident of VillageKhasuar, Post Office- Lalgarh, Police Station- Bettiah (Muffasil), District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

1.

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

The District Magistrate, West Champaran at Bettiah. 3.

The Circle Officer, Chanpatia Circle, Chanpatia, District- West Champaran at Bettiah.

4.

Surya Thakur Son of Dharikshan Thakur Resident of VillageKhasuar, Post Office- Lalgarh, Police Station- Bettiah (Muffasil), District- West Champaran at Bettiah.

5.

Madan Thakur Son of Late Mahanth Thakur Resident of VillageKhasuar, Post Office- Lalgarh, Police Station- Bettiah (Muffasil), District- West Champaran at Bettiah.

6.

Ramanand Thakur Son of Late Mahanth Thakur Resident of Village- Khasuar, Post Office- Lalgarh, Police Station- Bettiah (Muffasil), District- West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-11-2022 The present writ petition has been filed seeking the following relief :- "1. That this is an application for issuance of an appropriate writ/writs, order/orders or

Patna High Court CWJC No.4187 of 2022(2) dt.28-11-2022 2/3 direction/directions to the respondents to remove the encroachment in view of the order dated 20/11/2009 issued vide Memo No. 32 by the Respondent No.3 in respect of land of Thana No. 192, Khata No. 120, Khesra No. 434, 538, 626 and 639 which has been encroached by the Respondent No. 4 to 6."

At the outset, the learned counsel for the petitioner has pointed out to the various orders passed by the Circle Officer, Chanpatia Circle, Chanpatia, District- West Champaran at Bettiah, i.e. the respondent no. 3, in connection with Encroachment Case No. 01 of 2009-10, however, it is the submission of the learned counsel for the petitioner that till date the encroachment in question has not been removed despite the fact that the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 has already been passed long back.

Having regard to the aforesaid facts and circumstances of the case, I deem it fit and proper to grant liberty to the petitioner to approach the Circle Officer, Chanpatia Circle, Chanpatia, District- West Champaran at Bettiah, i.e. the respondent no.3 for redressal of his aforesaid grievance, who shall take appropriate steps, in accordance with law and after hearing the affected parties for removal of the encroachment in question within a period of 12 weeks of

Patna High Court CWJC No.4187 of 2022(2) dt.28-11-2022 3/3 receipt/production of a copy of this order.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/Saurav U