Vidya Singh @ Vidha Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1835 of 2014 ====================================================== Vidya Singh @ Vidha Singh son of Late Ram Avtar Singh, resident of Village- Belwa Madho, P.S. and Anchal- Kotwa, Dist.- East Champaran .... .... Petitioner/s

Versus

1. 1. The State of Bihar the Principal Secretary Department of Land and Revenue Govt. of Bihar, Patna

2. The District Magistrate, East Champaran, Motihari

3. The Sub-Divisional Magistrate Sadar, Motihari, East Champaran

4. The Circle Officer, Kotwa, Dist. East Champaran

5. Ram Kah Devi wife of Ram Kawal Singh, resident of VillageBelwa Madho, P.S.- Kotwa, Dist.- East Champaran

6. Shobha Devi wife of Late Ram Balak Singh, resident of VillageBelwa Madho, P.S.- Kotwa, Dist.- East Champaran .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Respondent/s : Mr. D.K. Sinha, AAG-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 09-07-2015 Heard the parties.

It is the complaint of the petitioner that the Encroachment Case No. 5 of 2010-11 initiated by the Circle Officer as a Collector under the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as the 'Act') for removal of encroachment from a plot of land bearing Khata No. 109, Plot No. 1017 and Khata No. 13, Plot No. 1065 which is in the nature of a village road, allegedly made by the private respondent nos. 5 to 7, has not been taken to its logical conclusion. A proceeding in the encroachment case has been enclosed at Annexure-2 and with

Patna High Court CWJC No.1835 of 2014 (2) dt.09-07-2015 reference thereto, it is submitted by learned counsel for the petitioner that despite the matter being heard on several dates and orders being passed, no positive steps have been taken by the Circle Officer for removal of the encroachment. Having heard learned counsel for the parties and taking note of the nature of grievance raised herein, the writ petition is disposed of with a direction to the Circle Officer, Kotwa in the district of East Champaran to dispose of Encroachment Case No. 5 of 2010-11 in accordance with law and after hearing the alleged encroachers including the private respondents herein expeditiously and preferably within three months from the date of receipt / production of a copy of this order.

(Jyoti Saran, J) S.Sb/- U