Chhotelal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7492 of 2023 ====================================================== Chhotelal Mahto son of Late Chhathu Mahto, Resident of Village-Bariyarpur, P.O. and P.S.-Piri Bazar, Distirct-Lakhisarai. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Lakhisarai.

3.

The Sub-Divisional Officer, Lakhisarai.

4.

The Circle Officer, Suryagarha Anchal, Lakhisarai. Lakhisarai. 5.

Abhishek Raj @ Chunnu, Son of Devki Mandal, Resident of VillageBariyarpur, P.O. and P.S.-Piri Bazar, District-Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate Mr. Mayank Bilochan, Advocate For the Respondent/s :

Mr.Raj Kishore Roy ( GP-18 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2023 1.

The present writ petition has been filed seeking the following relief:- "1(i). For issuance of an appropriate writ/writs or direction to the respondents to remove the encroachment from Aam Gairmajarua land appertaining to Khata No.-54, Plot No.-71, Area-62 decimal, recorded as gair majarua aam in revisional survey khatiyan of MaujaLaxmipur, Thana No.-81, at Bariyarpur Panchayat, which has been encroached by the present

Patna High Court CWJC No.7492 of 2023(2) dt.26-07-2023 2/3 Mukhiya of Bariyarpur Panchayat and constructed pucca structure."

2.

The short prayer made by the petitioner in the present writ petition is to direct the Circle Officer, Suryagarha, District-Lakhisarai to dispose off the pending encroachment case bearing Encroachment Case No. 13 of 2022-23.

3.

The learned counsel for the respondentState submits that in case the proceedings of the aforesaid Encroachment Case No. 13 of 2022-23 has not been concluded, the same would definitely be concluded within a fixed time frame, as prescribed 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, Suryagarha, DistrictLakhisarai to dispose off the aforesaid Encroachment Case No. 13 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

Patna High Court CWJC No.7492 of 2023(2) dt.26-07-2023 3/3 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) S.Sb/- U