Manoj Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7635 of 2024 ====================================================== Manoj Kumar Pandey son of Nawal Kishore Pandey resident of VillageSatpipra (Bhumihari Tola), P.S.- Ramgarhwa, District- East Champaran, Motihari.

... ... Petitioner/s

Versus

1.

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

The Collector, East Champaran.

3.

The Sub-Divisional Officer, Raxaul, District- East Champaran. 4.

The Circle Officer, Ramgarhwa Circle Office, District- East Champaran. 5.

Ram Bahadur Pandey son of Late Mukhtar Pandey, resident of VillageSatpipra, Bhumihari Tola, P.S.- Ramgarhwa, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Respondent/s :

Mr.Standing Counsel 1 Mr.Md.Irshad, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i) For commanding the respondent to remove encroachment over the public road situated at Mauza- Ramgarhwa, Thana No. 66 (Bhumihari Tola, Satpipra), whereby and where under the respondent No. 5 has encroached the public road by way of constructing boundary and house by the respondent No. 5.

(ii) Also for directing the respondent to conclude the encroachment proceeding bearing Encroachment Case No. 20/2023-24 initiated under Bihar Public Land Encroachment Act against the encroacher i.e.

Patna High Court CWJC No.7635 of 2024(2) dt.15-07-2024 2/2 respondent No. 5 who has encroached the public road."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Ramgarhwa, DistrictEast Champaran, to conclude the proceedings of the pending Encroachment Case No.20 of 2023-24.

3. Having regard to the limited prayer made by the petitioner in the present case, I deem it fit and proper to direct the Circle Officer, Ramgarhwa, District-East Champaran, to conclude the proceedings of the aforesaid Encroachment Case No.20 of 2023-24, in case the same is still pending, 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) sonal/- U