Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8697 of 2023 ====================================================== Vinay Kumar Son of Raghunandan Paswan Resident of Village- Laxmipur, P.O.- Loshghani, P.S.- Piri Bazar, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Lakhisarai-cum-Collector, Lakhisarai. 3.

The Additional Collector, Lakhisarai.

4.

The Sub-Divisional Officer, Lakhisarai.

5.

The Deputy Collector Land Reforms, Lakhisarai. 6.

The Circle Officer, Suryagarha, District- Lakhisarai. 7.

Hari Paswan Son of Hajari Paswan Resident of Village- Laxmipur, P.O.- Loshghani, P.S.- Piri Bazar, District- Lakhisarai. 8.

Kapil Dev Kumar Son of Hajari Paswan Resident of Village- Laxmipur, P.O.- Loshghani, P.S.- Piri Bazar, District- Lakhisarai. 9.

Lagandev Paswan Son of Hajari Paswan Resident of Village- Laxmipur, P.O.- Loshghani, P.S.- Piri Bazar, District- Lakhisarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Minakshi Kumari For the Respondent/s :

Mr.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-12-2023 Let the defect/s, if any, be removed as pointed out by the office within a period of four weeks from today. If the defect/s are not removed within the time, the order shall be treated to be recalled.

2. This application has been filed for issuance of direction to the respondent no. 6 namely the Circle Officer, Suryagarha, Lakhisarai to remove the encroachment from the land in question.

Patna High Court CWJC No.8697 of 2023(2) dt.19-12-2023 2/2

3. In view of the prayer by the petitioner, the Circle Officer, Suryagarha, Lakhisarai is directed to consider and decide the representation dated 27.02.2023 pending before him filed by the petitioner after hearing all the concerned parties in accordance with law and if he finds any encroachment, he will initiate an Encroachment Case under the Bihar Public Land Encroachment Act, 1956 and dispose of the same after hearing all the parties including the alleged encroachers preferably within a period of four months from the date of receipt/production of a copy of this order.

4. During pendency of the encroachment proceeding, he will not disturb the encroachers. He can remove the encroachment only after the final order is passed.

5. With the aforesaid observation and direction, this application is disposed of.

6. Let a copy of this order be communicated to the District Magistrate- Lakhisarai through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U