Uday Bhanu Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12054 of 2015 ====================================================== Uday Bhanu Singh, son of late Ambika Singh, resident of VillageBensagar, P.S.- Dinara, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate -cum- Collector, Rohtas.

3. The Sub-divisional Officer, Sasaram.

4. The Circle Officer, Dinara, District- Rohtas.

5. Jagadish Singh, son of late Budhan Singh.

6. Pintu Singh, son of late Kamata Singh.

7. Kedar Singh, son of late Nathuni Singh.

8. Bhanu Singh, son of Bechan Singh.

Respondent nos.5 to 8 are residents of Village- Bensagar, P.S.- Dinara, District- Rohtas.

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

For the Petitioner/s : Mr. Arbind Nath Pandey For the Respondent/s : Mr. Anisul Haque, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 07-08-2015 Heard Mr. Arbind Nath Pandey, learned counsel appearing on behalf of the petitioner and Mr. Anisul Haque, learned Assisting Counsel to Additional Advocate General No.9 for the State.

The complaint of the petitioner is that an encroachment case against the private respondents has been initiated under the provisions of the Bihar Public Land Encroachment Act, 1956 (hereinafter referred to as 'the Act') bearing Encroachment Case No.01 of 2013-14 for removal of encroachment from a public land bearing khata no.144, plot no.952 situated in Village- Bensagar, Panchayat- Medanipur,

Patna High Court CWJC No.12054 of 2015 (2) dt.07-08-2015 P.S.- Dinara in the district of Rohtas. The complaint is that although the proceeding was initiated and notices were also served on the private respondents for appearance but thereafter it has not progressed.

Having heard learned counsel for the parties and considering the limited grievance raised by the petitioner for a direction to the Circle Officer, Dinara, district- Rohtas to conclude the encroachment case, this writ petition is disposed of with a direction to the Circle Officer, Dinara, district- Rohtas to consider and dispose of Encroachment Case No.01 of 2013-14 in accordance with law and after due opportunity of hearing to the private respondents and also affording them opportunity to lead evidence, expeditiously and preferably within a period of six months from the date of receipt/production of a copy of this order.

(Jyoti Saran, J) SKPathak/- U