Ramyad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6597 of 2022 ====================================================== Ramyad Yadav S/o Late Sri Krishna Choudhary R/o Mohalla- Mission Compound, East Dahiyawan Chapra, P.S.- Chapra Town, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Saran.

2.

The Sub Divisional Magistrate, Chapra, District- Saran. 3.

The Circle Officer, Jalalpur, District- Saran. 4.

The Officer In- Charge, Kopa Police Station, Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjani Parashar, Adv.

For the Respondent/s :

Mr.Rishi Raj Sinha ( Sc 19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2022 The present writ petition has been filed seeking the following reliefs:- "1. That this application is being filed for issuance of an appropriate writ/ order/ direction to Respondents for removing the encroachment from public land (Cremation Land) running over Khata No. 398, Survey No. 2090 Area 0-15-01 (15 Kattha and 1 dhur) in village Piyano Thana No. 200, P.S. Jalalpur, DistrictSaran which has been recorded as Government public land in the nature of MURDA GHATI (Cremation Land).

1(A). That the petitioner further prays for issuance of an appropriate writ/order/ direction upon the Respondent Circle

Patna High Court CWJC No.6597 of 2022(2) dt.05-12-2022 2/3 Officer, Jalalpur District Saran and other Respondents to take immediate steps under Bihar Public Land Encroachment Act to remove the encroachment from aforesaid land."

At the outset, the Respondent-State has pointed out that the Circle Officer, Jalalpur, DistrictSaran i.e. the respondent no.3 has initiated encroachment proceedings vide Encroachment Case No. 03 /2015-16 and the same would be taken to its logical conclusion within a stipulated timeframe.

The learned counsel for the petitioner submits that the aforesaid encroachment case be directed to be concluded, expeditiously.

Having regard to the facts and circumstances of the case, I direct the respondent no.3 to conclude the proceedings of the aforesaid Encroachment Case No. 03/ 2015-16, 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 twelve weeks of

Patna High Court CWJC No.6597 of 2022(2) dt.05-12-2022 3/3 receipt/production of a copy of this order.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/SonalU