Girja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6972 of 2023 ====================================================== Girja Devi Wife of Tulsi Manjhi Resident of Village- Bakharia, P.S.- Bhore, District- Gopalganj.

... ... Petitioner/s

Versus

1.

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

2.

The District Collector, Gopalganj.

3.

The Additional Collector, Gopalganj.

4.

The Sub Divisional Officer, Hathua, District- Gopalganj. 5.

The Deputy Collector Land Reforms, Hathua, District- Gopalganj. 6.

The Circle Officer, Bhore, District- Gopalganj. 7.

The S.H.O., Bhore, District- Gopalganj.

8.

Lilawati Devi, Wife of Late Nagina Gosai @ Nagina Giri Resident of Village- Bakharia, P.S.- Bhore, District- Gopalganj. 9.

Surendra Giri, S/o Late Nagina Gosai @ Nagina Giri Resident of VillageBakharia, P.S.- Bhore, District- Gopalganj. 10.

Yogendra Giri, S/o Late Nagina Gosai @ Nagina Giri Resident of VillageBakharia, P.S.- Bhore, District- Gopalganj. 11.

Birendra Giri, S/o Late Nagina Gosai @ Nagina Giri Resident of VillageBakharia, P.S.- Bhore, District- Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Majid Mahboob Khan, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( GP- 18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2023 1.

The present writ petition has been filed seeking the following relief:-

1. That this is an application for issuance of an appropriate writ, order or direction, particularly in the nature of Mandamus, directing to the respondents authorities to

Patna High Court CWJC No.6972 of 2023(2) dt.19-07-2023 2/3 remove the encroachment from the land appertaining to Mauja Bakharia, Thana No. 223 under Khata No. 117, Khess No. 458, area 54 dec. Khesra No. 387 area 12 decimal, which is a govt. vacant Kadim land encroached by respondents no. 8 to 11. The land of the petitioner i.e. Khata No. 95, Khesra No. 462, 459 area 3 katha is situated behind the govt. land and encroachers have obstructed the pathway of the petitioner by constructing wall on the govt. land.

2.

At the outset, the learned counsel for the petitioner has limited his prayer to issuance of direction to the Circle Officer, Bhore, DistrictGopalganj to conclude the proceedings of the pending Encroachment Case No. 12 of 2022-23 forthwith.

3.

The learned counsel for the respondentState submits that in case the proceedings of the aforesaid Encroachment Case No. 12 of 2022-23 has not been concluded, the same would definitely be concluded within a fixed time frame, as prescribed by this Court.

Patna High Court CWJC No.6972 of 2023(2) dt.19-07-2023 3/3 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the Circle Officer, Bhore, DistrictGopalganj to dispose off the aforesaid Encroachment Case No. 12 of 2022-23, if the same has not already been disposed off, by passing the final order under Section 6(1) of the Bihar Public 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.

(Mohit Kumar Shah, J) S.Sb/- U