Motichand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4989 of 2020 ====================================================== Motichand Singh Son of Shiv Vanshi Singh, resident of 84 Chero Tola, Sangwa Dih, Block and P.S. Kuchaikote, District- Gopalganj. ... ... 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- Officer-cum-District Magistrate, Gopalganj. 3.

The Sub-Divisional Officer, District- Gopalganj. 4.

The Circle Officer, Anchal- Kuchaikote, District- Gopalganj. 5.

Gaya Singh, Son of Ram Sewak Singh, Resident of Village- Sangwa Dih, Block and P.S. Kuchaikote, District- Gopalganj. 6.

Kailash Singh, Son of Late Ram Lal Singh, Resident of Village- Sangwa Dih, Block and P.S. Kuchaikote, District- Gopalganj. 7.

Sadhu Singh, Son of Late Pankhi Singh, Resident of Village- Sangwa Dih, Block and P.S. Kuchaikote, District- Gopalganj. 8.

Shankar Singh, Son of Late Ram Sewak Singh, Resident of Village- Sangwa Dih, Block and P.S. Kuchaikote, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Yadav, Adv.

For the Respondent/s :

Mr.Dhurjati Kr. Prasad, GP-14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-10-2022 Though, the present writ petition was filed for directing the respondents to remove the encroachment made over public road constructed under Mukhyamantri Gram Sampark Yojna appertaining to Khata No. 571, Khesra No. 2244, Rakwa (area) 06 decimals, situated in Mauza- Sangwadih, Block and P.S.-Kuchaikote, District Gopalganj, which is a Government Gairmazarau Aam land, however, the learned counsel for the respondent State has filed a counter affidavit

Patna High Court CWJC No.4989 of 2020(2) dt.11-10-2022 2/2 wherein it has been stated that the Circle Officer, AnchalKuchaikote, District- Gopalganj, i.e. respondent no. 4 has already initiated encroachment proceedings vide Encroachment Case No. 59 of 2021-22 and the same would be concluded, expeditiously.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the respondent no. 4 to dispose off the aforesaid encroachment case by passing 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 twelve weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) Tiwary/Saurav U