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Patna High CourtCWJC/7648/2023disposed

Narendra Raut v. The State Of Bihar

2023-07-19Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7648 of 2023 ====================================================== Narendra Raut S/o Bilash Raut Resident of Ward No.-3 Majhaur, P.s.-Nanpur, District-Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar through 2.

The District Magistrate, Sitamarhi.

3.

The Circle Officer, Nanpur, District-Sitamarhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Jha, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2023 1.

The present writ petition has been filed seeking the following relief:- "1. That this application is being filed for issuance of appropriate writ to the respondents directing and commanding them to remove the encroachment from the plot no.

3014 under khata no. 2089 and RSP No. 2907 under Khata No. 2090 standing in the revenue record in the name of Bihar Sarkar and Sarvsadharan respectively in Mauza Majhaur under Thana No. 190 in Anchal Nanpur, District-Sitamarhi from the illegal usurper/ encroacher of the land.

Patna High Court CWJC No.7648 of 2023(2) dt.19-07-2023 2/3 And/or For giving a direction to the respondents to dispose of the Encroachment Case No. 2/2021-22 and 4/2021-22 pending before the Circle Officer, Nanpur"

2.

At the outset, the learned counsel for the petitioner has limited his prayer to issuance of a direction upon the Circle Officer, Nanpur, DistrictSitamarhi to conclude the proceedings of the pending Encroachment Case No. 2/2021-22 and 4/2021-22.

3.

The learned counsel for the respondentState submits that in case the proceedings of the aforesaid Encroachment Case Nos. 2/2021-22 and 4/2021-22 have 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 dispose off the present writ petition with a direction to the Circle Officer, Nanpur, DistrictSitamarhi to conclude the proceedings of the aforesaid Encroachment Case Nos. 2/2021-22 and

Patna High Court CWJC No.7648 of 2023(2) dt.19-07-2023 3/3 4/2021-22, if the same have not already been concluded, 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 a period of six weeks of receipt/production of a copy of this order. (Mohit Kumar Shah, J) S.Sb/- U