Ranjay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5988 of 2024 ====================================================== Ranjay Kumar Mishra S/o Late Raghunath Mishra, R/o Village Noniya Mishra Tola, P.S. Paharpur, Dist. East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Motihari, E. Champaran. 2.

Sub Divisional Officer, Areraj, East Champaran at Areraj. 3.

The Circle Officer, Paharpur Block, Dist. East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Respondent/s :

Mr. K.P.Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2024 The present writ petition has been filed seeking the following relief:- "1(A). For issuance of a writ in nature of Mandamus or any other appropriate writ/writs order/orders direction/ directions to direct to respondents to compliance the order dated 15.03.22 passed by respondent no. 3 and remove the encroachment from public road which encroachment by persons."

2.

At the outset, the learned counsel for the petitioner submits that despite passing of the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as "the Act, 1956"), on 15.3.2022 by the Circle Officer, Paharpur, District-East Champaran at Motihari, as also

Patna High Court CWJC No.5988 of 2024(2) dt.01-07-2024 2/2 issuance of notice under Section 6(2) of the Act, 1956, the encroachment has not been removed till date, hence, appropriate directions be issued.

3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, DistrictEast Champaran at Motihari, to ensure that the aforesaid order dated 15.3.2022, passed by the Circle Officer, Paharpur, District-East Champaran at Motihari, is enforced in its true letter and spirit, in case there is no other legal impediment and the same has not been annulled by a higher forum or Court of law, by taking recourse to the due process of law, 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