Patna High CourtCWJC/7811/2016disposed

Ashok Sah v. The State Of Bihar And ORS

2018-03-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7811 of 2016 ====================================================== Ashok Sah, Son of Late Sukhdeo Sah, Resident of Uttar Maheshwari, Nagar Panchayat Jogbani, Ward No. 4, P.S. - Jogbani, District Araria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate, Araria.

3. The Sub-Divisional Officer, Forbesganj, Araria.

4. The Circle Officer, Forbesganj, Dist. Araria.

5. The Station House Officer, Jogbani Police Station, Dist. Araria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Ms. Sanghmitra Ghosh, AC to GP-15 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2018 None appears on behalf of the petitioner. However, learned AC to GP-15 is present.

Though the Writ application was registered on 02.05.2016, but till date no counter affidavit has been filed, hence, this Court is not inclined to adjourn the matter any further. The present Writ application has been filed for a direction to the respondent no.4, the Circle Officer, Forbesganj to conclude the proceeding of Encroachment Case No. 3/2011-12, which was initiated under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') for getting the encroachment removed from the public land appertaining to Mauza-13 Maheshwari, Khata No. 701, Khesra No.2292.

Patna High Court CWJC No.7811 of 2016(2) dt.06-03-2018 2/2 Learned AC to GP-15, appearing on behalf of the respondents submits that at present, she does not have any instruction whether Encroachment Case No.03 of 2011-12, has been concluded or not, or whether the encroachment from the land in question has been removed or not.

In the circumstances, respondent No.4, the Circle Officer, Forbesganj, is directed to conclude the proceeding of Encroachment Case No.03 of 2011-12, within a period of two months, provided that it has not already been concluded, after giving due opportunity of hearing to all the affected persons, under the provision of the Act.

The Writ application is, accordingly, disposed of. (Dinesh Kumar Singh, J) Ashwini/- U