Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6381 of 2022 ====================================================== Amarjeet Kumar son of Ashok Kumar, R/o Village-Alinagar, P.S.-BIhar, District-Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land Reforms Department, Government of Bihar, Patna.

2.

The District Magistrate, Nalanda.

3.

The Circle Officer, Biharsharif, District-Nalanda. 4.

Arjun Prasad, son of Garbhu Saw, R/o Village-Alinagar, P.S.-Bihar, DistrictNalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2022 The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of a writ in the nature of Mandamus directing the concerned respondent authorities to bring the Encroachment Case No. 26 of 2019-20 to its logical end by removing the encroachment over the public land which is encroached by the private respondent but the concerned authorities in connivance with the private respondent instead of removing the encroachment have not passed any order after 01.11.2021;

Patna High Court CWJC No.6381 of 2022(2) dt.05-12-2022 2/3 (ii) For issuance of a writ in the nature of Mandamus directing the concerned respondent authorities to act in accordance with law and to remove the encroachment over the public land which is creating hindrance to general public."

The learned counsel for the Respondent-State has pointed out that an encroachment case bearing Encroachment Case No. 26/2019-20 has already been initiated by the Circle Officer, Biharsharif, District-Nalanda, i.e. the respondent no.3, hence, the same will definitely be taken to its logical conclusion.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose of the present writ petition with a direction to the respondent no.3 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 afected parties, within a period of twelve weeks of receipt/ production of a

Patna High Court CWJC No.6381 of 2022(2) dt.05-12-2022 3/3 copy of this order.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/SonalU