Munni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7959 of 2024 ====================================================== Munni Singh Wife of Dipak Kumar Singh, Resident of Village - Navtol, P.O.- Bhavanipur, Ward No. 2, P.S.- Biraul, District - Darbhanga. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Darbhanga.

3.

The Sub-Divisional Officer, Biraul, Darbhanga. 4.

The Circle Officer, Kusheshwar Asthan (East), Darbhanga, Bihar. 5.

The Officer-In-Charge, Kusheshwar Asthan Police Station, Darbhanga. 6.

Danveer Kumar Paswan, Son of Late Ram Pratap Paswan, Ramjee Sharma, Resident of Village - Rampur Raut @ Rota, P.O and Block - Kusheshwar Asthan (East), Sub-Division- Biraul, Darbhanga, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Singh, Advocate For the State :

Mr. Sita Ram Yadav, GP-16 Mr. Jitendra Kumar, AC to GP-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-07-2024 The present writ petition has been filed seeking the following relief:- "1. That this Writ Application is being filed for issuance of writ in the nature of writ of mandamus or any other appropriate writ/order/direction commanding the Respondents to bring a logical conclusion to the Encroachment Case No. 7/23-24 initiated for removal of encroachment from a public road which is north boundary of Thana No.

250, Kheshra No. 3421 (new), Area 14 1/2

Patna High Court CWJC No.7959 of 2024(2) dt.15-07-2024 2/3 Dhur situated in Mauza- Rampur Raut, P.O. + Block - Kusheshwar Asthan (East), SubDivision-Biraul, Darbhanga, Bihar." 2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Kusheshwar Asthan (East), DistrictDarbhanga to conclude the proceedings of the pending Encroachment Case No.07/23-24.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid encroachment 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 Circle Officer, Kusheshwar Asthan (East), District-Darbhanga to conclude the proceeding of the aforesaid Encroachment Case No.07/23-24, in case the same has not yet been concluded, by passing the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after

Patna High Court CWJC No.7959 of 2024(2) dt.15-07-2024 3/3 hearing the affected parties and in accordance with law, 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