Chandrakant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6692 of 2024 ====================================================== Chandrakant son of Pashuram, resident of Village-Maniya, P.O.-Maniya, Maniyga, P.S. - Nawanagar (Sonvarsha OP), District-Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Sachivalya, Patna.

2.

The Principal Secretary, Government of Bihar, Land Reform and Revenue Department, Bihar, Patna.

3.

The Commissioner, Patna Division, Patna.

4.

The District Collector, Buxar.

5.

The Sub Divisional Officer, Sub Division, Dumraon. 6.

The Circle Officer, Block-Nawanagar, District-Buxar. 7.

Kameshwar Singh Yadav, son of Ganesh Yadav, resident of Village-Maniya, P.O.-Maniya, District-Buxar.

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

For the Petitioner/s :

Mr.Surendra Kumar Singh, Advocate For the State :

Mr. Sheo Shankar Prasad, SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2024 The present writ petition has been filed seeking the following relief:- "1. That, by the present writ petition, the petitioner craves indulgence of this Hon'ble Court in representative capacity for issuance of writ in the nature of mandamus for removal & demolition of encroachment from Public Road situated at village - Maniya " Main Road More", under Panchayat Maniya, Block Nawanagar, District - Buxar. Despite order dated 01.08.2022, passed by the Sub-Divisional Public Grievance Redressal Officer, Dumraon, Buxar, directing the Circle Officer, Nawanagar to dispose off the Encroachment Case No. 05/22-23, the

Patna High Court CWJC No.6692 of 2024(2) dt.11-07-2024 2/3 respondent has not removed encroachment made over Public Land under Mauja - Madiya, Revenue Thana no. 405, Khata no. 374, plot no. 1364, Area-0-92 decimal, Type-Raiyat - "Anavad Bihar State"."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Nawanagar, District-Buxar to conclude the proceedings of the pending Encroachment Case No.05 of 2022-23.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid encroachment proceeding has not yet been concluded, the same shall definitely be concluded, within a stipulated time frame, as is fixed by this Court.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Nawanagar, DistrictBuxar to conclude the proceeding of the aforesaid Encroachment Case No.05 of 2022-23, in case the same has not yet been concluded, by passing the final order, under Section 6(1) of the Bihar Public

Patna High Court CWJC No.6692 of 2024(2) dt.11-07-2024 3/3 Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U