Sakal Deo Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3832 of 2024 ====================================================== Sakal Deo Paswan Son of Sito Paswan, resident of Village- Visanpur Sonsa Ward No. 3, P.S- Khanpur, District- Samastipur (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue Department, Patna, Bihar.

2.

The District Magistrate, Samastipur.

3.

The Sub-Divisional Officer, Samastipur.

4.

The Circle Officer, Khanpur, Samastipur.

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

For the Petitioner/s :

Mr.Ghanshyam Choudhary, Advocate For the Respondent/s :

Government Pleader (20) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-05-2024 The present writ petition has been filed seeking the following relief:- "1. (i) For issuance of the appropriate writ in the nature of mandamus to command the respondents to remove the encroachment from Public Road upon Mauza- Bisanpur Sonsa, Thana No. 227, Khata No. 399, Khesra No. 1279, Area-3.92 Decimal under Khanpur Block, Samastipur."

2.

At the outset, the learned counsel

Patna High Court CWJC No.3832 of 2024(2) dt.13-05-2024 2/3 for the petitioner seeks a direction upon the respondent no.4, i.e. the Circle Officer, Khanpur, District-Samatipur to conclude the proceedings of the pending Encroachment Case No.29 of 2020-21 and 17 of 2021-22.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid encroachment proceedings have 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, Khanpur, DistrictSamatipur to conclude the proceedings of the aforesaid Encroachment Case No.29 of 2020-21 and 17 of 2021-22, in case the same have not yet been concluded, by passing the final orders, under Section 6(1) of the Bihar Public Land Encroachment 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.

Patna High Court CWJC No.3832 of 2024(2) dt.13-05-2024 3/3 5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U