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Patna High CourtCWJC/7189/2024disposed

Janardan Kumar @ Janardan Jha v. The State Of Bihar

2024-07-04Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7189 of 2024 ====================================================== 1.

Janardan Kumar @ Janardan Jha Son of Baidyanath Jha resident of Village -BhojPandaul, P.S and Anchal /Circle-Bishfi, District -Madhubani and at present resident of Village-Pahsara, P.O.-Pahsara, Babhangama, P.S.- Nawkothi, District-Begusarai.

2.

Baidyanath Jha Son of Sindheshwar Jha resident of Village -BhojPandaul, P.S and Anchal /Circle-Bishfi, District -Madhubani and at present resident of Village-Pahsara, P.O.-Pahsara, Babhangama, P.S.-Nawkothi, DistrictBegusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,the Department of Revenue and Land Reforms, The Government of Bihar, 2.

The District Magistrate Madhubani.

3.

The Sub Divisional Public Grievance Officer Sub-Division-Benipatti, District-Madhubani.

4.

The Circle Officer(Anchal Adhikari) Circle/Anchal- Bishif, DistrictMadhubani 5.

The Circle Inspector Circle/Anchal-Bishfi, District-Madhubani. 6.

Hiranand Jha son of Late Tun-tun Jha Village- Bhojpandaul, P.S and Anchal/ Circle- Bishfi,District-Madhubani.

7.

Mahendra Jha son of Late Dwarika Jha Village- Bhojpandaul, P.S and Anchal/ Circle- Bishfi,District-Madhubani.

8.

Yogendra Yadav Son of Jageshwar Yadav Village- Bhojpandaul, P.S and Anchal/ Circle- Bishfi,District-Madhubani.

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

For the Petitioner/s :

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

Mr.Narendra Kr. Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ application is being filed for commanding the respondents concerned by issuing appropriate writ, writs,

Patna High Court CWJC No.7189 of 2024(2) dt.04-07-2024 2/3 order/ orders to remove the encroachment over Kshera No- 6044 (New), Plot No- 1762 (New) measuring 9 Decimils of land situated in mauza- Bhoj Pandaul under Bishfi Anchal/ circle of District- Madhubani and the nature of land as per the Revisional Survey Khaitain is Aam Rasta (Annabad) and encroached by respondent- 2nd set."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Bishif, DistrictMadhubani, i.e. the respondent no.4 to dispose off the pending Encroachment Case No.08 of 2019-20.

3. Per contra, the learned counsel for the respondentState submits that in case the the proceedings of the aforesaid Encroachment Case No.08 of 2019-20, is still pending, the same shall definitely be disposed off, within a fixed 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, Bishif, District-Madhubani, i.e. the respondent no.4 to dispose off the aforesaid encroachment proceedings, 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

Patna High Court CWJC No.7189 of 2024(2) dt.04-07-2024 3/3 copy of this order.

5. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U