Ram Parikshan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8369 of 2024 ====================================================== Ram Parikshan Singh Son of Late Jugeshwar Singh, Resident of VillageKandap, Police Station- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Collector, Patna District, Patna.

3.

The S.D.O. Patna Sadar, Patna.

4.

The Circle Officer, Sampatchak Block Office, Sampatchak District- Patna. 5.

Swati Jha, Revenue Officer In-charge Circle Office, Sampatchak, DistrictPatna. 6.

Sri Jang Bahadur Singh Son of Late Shambhu Singh, Resident of VillageKandap, Police Station- Gaurichak, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Sen Prasad Singh, Advocate For the Respondent/s :

Mr.Kumar Pankaj, AC to SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of an appropriate Writs, orders and directions particularly in the nature of mandamus commanding the Respondent No. 4 to expedite and to pass final order in Encroachment Case No. 03/2023-24 and further to remove the encroachment which has been made and done unauthorisedly to Block the Aam Rasta of petitioner by obstructing & constructing boundary over land pertaining to VillageKandap, Thana No. 129, Khata No. 880 and

Patna High Court CWJC No.8369 of 2024(2) dt.18-07-2024 2/3 Khesra No. 3233 Area 1 Acre 11 decimal which has been recorded in Cadastral Survey Khatiyan of 1908-1911 as Aam Gair Majarua Rasta and further encroachment may be removed immediately so that no hurdle be created by using Rasta over Gair Majarua Aam land by petitioner above named."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Sampatchak Block Office, Sampatchak District-Patna to dispose off the pending Encroachment Case No.31 of 2023-24, within a fixed time frame.

3. Per contra, the learned counsel for the respondentState submits that in case the proceedings of the aforesaid encroachment case is still pending, the same shall be disposed off, within a stipulated time frame, as is fixed by this Hon'ble Court.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Sampatchak Block Office, Sampatchak District-Patna to dispose off the aforesaid encroachment case, in case the same has not yet been disposed off, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law and after hearing the affected parties,

Patna High Court CWJC No.8369 of 2024(2) dt.18-07-2024 3/3 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) Saurav/- U