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Patna High CourtCWJC/8107/2024disposed

Rajesh Kumar v. The State Of Bihar

2024-07-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8107 of 2024 ====================================================== Rajesh Kumar Son of Late Shrawan Singh, Resident of Village-Mohanpur, P.S.- Pipariya, District- Lakhisarai.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The District Magistrate, Lakhisarai.

4.

The Sub Divisional Officer, Lakhisarai, District-Lakhisarai. 5.

The Circle Officer, Pipariya, District- Lakhisarai. 6.

Bhola Singh, Son of Late Sushil Singh, Resident of Mohanpur, P.S.- Pipariya, District- Lakhisarai.

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

For the Petitioner/s :

Mr.Phulendra Kumar, Advocate Mr.Vijay Kumar, Advocate For the State :

Standing Counsel (6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2024 The present writ petition has been filed seeking the following relief:- "1. For issuance of writ of mandamus or any other writ order or direction, directing the Respondents to remove all encroachment done by the Private Respondents over public land which has been used as public road before the encroachment."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Sub-divisional Officer, Lakhisarai, DistrictLakhisarai to conclude the proceedings of the pending

Patna High Court CWJC No.8107 of 2024(2) dt.18-07-2024 2/2 Encroachment Case No.118(M)/2023, within a stipulated time frame.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid proceedings have not yet been concluded, the same shall definitely be concluded, within a stipulated time frame, as is fixed by this Court. 4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Sub-divisional Officer, Lakhisarai, District-Lakhisarai to conclude the proceeding of the aforesaid Encroachment Case No.118(M)/2023, in case the same has not yet been concluded, by passing a reasoned and a speaking order, 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.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U