Ram Kailash Sah v. The State Of Bihar And ORS

Patna High Court CWJC No.19112 of 2013 (2) dt.19-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19112 of 2013 ====================================================== Ram Kailash Sah, Son of Late Ram Narayan Sah, Resident of VillageBathuara Tole Teliyahi, P.S. Bela, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Sitamarhi

3. The Sub-Divisional Officer, Sitamarhi

4. The Circle Officer, Parihar, District- Sitamarhi

5. The Circle Inspector, Parihar, Sitamarhi .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hans Lal Kumar, Adv. For the State : Mr. Gyan Prakash Ojha, GA-7 Mr. Ajit Kumar, AC to GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-06-2017 Heard learned counsel for the petitioner and learned AC to GA-7.

The present writ application has been filed for executing the order dated 30/08/2012, passed by Respondent No.4, the Circle Officer, Parihar, in Land Encroachment Case No. 6/2012-13, whereby the encroachers were directed to get the encroachment removed from the land pertaining to Plot No. 2931, Khata No.1591 situated in the Village Baluara, Circle -Parihar, in the District of Sitamarhi, , but the encroachment has not yet been removed.

However, learned counsel for the petitioner confines his prayer for disposal of the writ application with a liberty to file

Patna High Court CWJC No.19112 of 2013 (2) dt.19-06-2017 appropriate application before respondent no.4, the Circle Officer, Parihar, for execution of the order dated 30/08/2012, passed by the Circle Officer, Parihar, in Land Encroachment Case No. 6/201213, in terms of Section 7 of the Bihar Public Land Encroachment Act (hereinafter referred to as the 'Act').

Learned AC to GA-7 agrees for disposal of the writ application in terms of abovementioned confined prayer of the counsel for the petitioner.

In the circumstances, the writ application is disposed of with a liberty to the petitioner to file appropriate application before Respondent No. 4, the Circle Officer, Parihar, for getting the encroachment removed from the land in question in terms of order dated 30/08/2012, passed in Land Encroachment Case No. 6/2012-13 under section 7 of the Act, if the order in question has not been challenged in appeal or the same has not been modified or set aside by any competent Court. If any such application is filed, it is expected from Respondent No.4, the Circle Officer, Parihar, to dispose of the same in accordance with law within a period of two months of its filing in accordance with the provisions of the Act.

(Dinesh Kumar Singh, J) Ashwini/- U