Amardev Prasad Chaurasiya @ Amar Dev Prasad Chaurasiya, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4662 of 2024 ====================================================== Amardev Prasad Chaurasiya @ Amar Dev Prasad Chaurasiya, S/O Late Ekbal Prasad Chaurasiya, R/O Village - Barohiya, Ward No. 9, P.S. Chanpatiya, District-West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Bettiah, West Champaran. 2.

The District Magistrate cum Collector, Bettiah, West Champaran, 3.

The Circle Officer, Chanpatiya, West Champaran 4.

Rambhu Mahato, S/O Late Badri Mahato, R/O -Village-Barohiya, Ward No. 8, P.S. Chanpatiya, District-West Champaran.

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Respondent/s :

Smt. Anuradha Singh, SC-21 Mr. Kumar Samarjeet Singh, AC to SC-21 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-05-2024 The present writ petition has been filed seeking the following relief:- "1. For directing the respondent no.

3 (The Circle Officer, Chanpatiya, West Champaran) to conclude and decide the Encroachment Case No.

25/2022-23 within reasonable time and to get the encroachment made by Private Respondent No. 4 (Rambhu Mahato) free from the public land bearing Khata No. 284, Plot No. 784, Mauza Barohiya, Thana No. 73."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the respondent no. 3 i.e. the Circle Officer, Chanpatiya, DistrictWest Champaran, to conclude the proceedings of

Patna High Court CWJC No.4662 of 2024(2) dt.16-05-2024 2/2 the pending Encroachment Case No.25 of 2022-23. 3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be disposed off within a stipulated time frame, as is fixed 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, Chanpatiya, DistrictWest Champaran to conclude the proceedings of the aforesaid Encroachment Case No. 25 of 202223, in case the same is still pending, 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 six weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U