Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5499 of 2024 ====================================================== Ashok Singh S/o Late Ram Prasad Singh Resident of Village- Chura, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, Aurangabad. 2.

Sub-Divisional Officer, Aurangabad.

3.

Circle Officer, Barun, District- Aurangabad.

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Respondent/s :

Mr.Standing Counsel 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2024 The present writ petition has been filed seeking the following relief:- "1(i). For issuance of an appropriate writ in the nature of mandamus directing the respondent authorities to remove the encroachment on the Government Land (Gair Majarua Aam Bhumi) situated in Mauza-Chura, Thana No. 58, Khata no. 155, Plot no. 420, Area 8.81 Decimal nature of Land Chhawar, Aam Rasta (General Path) used by public but forcibly encroached by some co- villagers who belong to schedule cast without any authority."

2.

At the outset, the learned counsel for the RespondentState submits, by referring to the counter affidavit filed in the present case that the Respondent No. 3 i.e. the Circle Officer,

Patna High Court CWJC No.5499 of 2024(2) dt.27-06-2024 2/2 Barun, District-Aurangabad, has already initiated encroachment proceedings, vide Encroachment Case No 3 of 2024-25 and the same would definitely be concluded, within a fixed time frame, as is fixed by this Court, inasmuch notices have already been issued to the alleged encroachers.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Respondent No. 3 to conclude the proceedings of the aforesaid Encroachment Case No. 3 of 2024-25, 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.

Accordingly, the present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U