Shaheed Gaddi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7230 of 2023 ====================================================== Shaheed Gaddi Son of late Ismael Gaddi Resident of village- Pathkauli, Ward No. 02, P.S.- Bairiya, District- West Champaran. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, West Champaran at Bettiah. 3.

The Anchala Adhikari, Bairiya Anchal, District- West Champaran. 4.

Dinesh Pandit Son of Late Singasan Pandit Resident of village- Pathkauli, Ward No. 02, P.S.- Bairiya, District- West Champaran. 5.

Asarfi Pandit Son of late Fagu Pandit Resident of village- Pathkauli, Ward No. 02, P.S.- Bairiya, District- West Champaran. 6.

Lalbahadur Pandit Son of Late Shiv Pandit Resident of village- Pathkauli, Ward No. 02, P.S.- Bairiya, District- West Champaran. 7.

Puran Pandit Son of Late Shivmangal Pandit Resident of village- Pathkauli, Ward No. 02, P.S.- Bairiya, District- West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate Mr. Rashmi Jha, Advocate Mr. Abhishek Kumar, Advocate For the State :

Mr.Sajid Salim Khan (Sc25) Mr. Prakritta Sharma, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-11-2023 1.

The limited prayer made by the petitioner in the present writ petition is to direct the Circle Officer, Bairiya to conclude the proceedings of the pending Encroachment Case No.12 of 2020-21, within a stipulated time frame.

2.

The learned counsel for the respondent-State submits that in case the aforesaid encroachment case has not been taken to its logical conclusion, the same would definitely be concluded,

Patna High Court CWJC No.7230 of 2023(2) dt.07-11-2023 2/2 within a fixed time frame, as prescribed by this Court. 3.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Bairiya, District-West Champaran to conclude the proceedings of the aforesaid Encroachment Case No.12 of 2020-21, in case the same have not already been concluded, 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 copy of this order.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U