Ramesh Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5610 of 2024 ====================================================== Ramesh Kumar Upadhyay S/O Late Rajendra Upadhyay Resident of VillageManguru Chak, P.S.- Mahua, Dist.- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector-cum-District Magistrate, Vaishali at Hajipur.

2.

The Collector-cum-District Magistrate, Vaishali at Hajipur. 3.

The Additional Collector, Hajipur, Dist.- Vaishali. 4.

The Sub-Divisional Officer, Mahua sub Division, Mahua, District- Vaishali. 5.

The Circle Officer, Mahua Block, Mahua, District- Vaishali. 6.

The Superintendent of Police, Vaishali at Hajipur. 7.

The Officer-in-Charge, Mahua Police Station, Mahua, District- Vaishali. 8.

The Chief Executive Officer, Zila Parishad (District Board), Vaishali at Hajipur.

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Respondent/s :

Mr.Standing Counsel 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1(I) To remove all encroachments from the public road connecting Hajipur to Mahua Chowk appertaining to Thana No.294, Khata No.493, Plot No.1186 falling under Mahua Mukundpur Mauza under Mahua Block of Vaishali district as the said road has been subjected to mass encroachment by anti-social elements as a result of which the people of the locality are facing the problem of acute jam over the road in question every day.

(II) To hold that the respondents are under an

Patna High Court CWJC No.5610 of 2024(2) dt.27-06-2024 2/2 obligation to remove the encroachment in question from the aforesaid public road."

2. At the outset, the learned counsel for the respondent-State submits that encroachment proceedings have already been initiated by the Circle Officer, Mahua Block, Mahua, District- Vaishali and notices have been issued to the encroachers, hence the aforesaid proceedings would definitely be concluded, within a fixed time frame, as is fixed by this Court.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Mahua District-Vaishali at Hajipur to conclude the encroachment proceedings, in question 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) Saurav/- U