Jai Prakash Kushwaha @ Tufani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6397 of 2020 ====================================================== Jai Prakash Kushwaha @ Tufani Son of Bipat Kushwaha, resident of VillageSangwa Dih, Chero Tola, 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.

Arjun Singh, Son of Shambhu Singh, Resident of Village- Sangwa Dih, P.O.- Bodha Chhapar, Block and P.S. Kuchaikote, District- Gopalganj. 6.

Munna Singh, Son of Late Prabhu Singh, Resident of Village- Sangwa Dih, P.O.- Bodha Chhapar, Block and P.S. Kuchaikote, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Yadav, Advocate For the Respondent/s :

Mr.Md.Khurshid Alam (AAG-12) Mr. Majid Mahboob Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-10-2024 Though the present writ petition has been filed for removal of the encroachment made over public road situated at Mauja-Sangwadih, BlockKuchaikote, District-Gopalganj, appertaining to Khata No. 571 and Khesra No. 1906, however, at the outset, the learned counsel for the respondentState has submitted, by referring to the counter affidavit filed in the present case, that the Circle Officer, Kuchaikote, District-Gopalganj has already initiated an encroachment proceeding vide Encroachment Case No. 54 of 2021-22.

2.

In view of the aforesaid, the learned

Patna High Court CWJC No.6397 of 2020(3) dt.30-10-2024 2/2 counsel for the petitioner seeks a direction upon the respondent no. 4 i.e. the Circle Officer, Kuchaikote, District-Gopalganj to conclude the proceedings of the aforesaid encroachment case forthwith.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Kuchaikote, DistrictGopalganj to conclude the proceedings of the aforesaid Encroachment Case No. 54 of 2021-22, 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.

4.

The writ petition stands disposed off on the aforesaid terms.

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