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Patna High CourtCWJC/5908/2022disposed

Mazharul Haque @ Majharul Haque v. The State Of Bihar

2022-12-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5908 of 2022 ====================================================== Mazharul Haque @ Majharul Haque son of Ali Raza, Resident of VillageSawanahi Jagdish (Bathua Bazar), P.S.- Fulwaria, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The District Magistrate, District- Gopalganj. 3.

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

The Circle Officer, Fulwaria Block, Gopalganj. 5.

Jubair Alam son of Late Md. Gyasudin, Resident of Village- Sawanahi Patti (Bathua Bazar), P.S.- Fulwaria, District- Gopalganj 6.

Jawed Alam son of Late Md. Gyasudin, Resident of Village- Sawanahi Patti (Bathua Bazar), P.S.- Fulwaria, District- Gopalganj. 7.

Tausif Alam son of Late Md. Gyasudin, Resident of Village- Sawanahi Patti (Bathua Bazar), P.S.- Fulwaria, District- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Respondent/s :

Mr.Md.Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-12-2022 Though the present writ petition was filed for removal of encroachment from the land in question, however, it is submitted by the learned counsel for the petitioner that during the pendency of the present writ petition, the Circle officer, Fulwaria Block, Gopalganj i.e. the respondent no. 4 has already initiated encroachment proceedings vide Encroachment case no. 03 of 2022-23, hence, the same be directed to be disposed off, expeditiously.

Having regard to the limited prayer made by the

Patna High Court CWJC No.5908 of 2022(2) dt.01-12-2022 2/2 petitioner, I deem it fit and appropriate to direct the respondent no. 4 to conclude the proceedings of 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 12 weeks of receipt/ production of a copy of this order. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U