Lalbahadur Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11816 of 2018 ====================================================== Lalbahadur Prasad son of Sakaldeo Prasad Village - Mathiya Khas, PS - Kuchaikote, Distt Gopalganj.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Commissioner, Saran 2.

The District Magistrate, Gopalganj.

3.

The Superintendent of Police, Gopalganj.

4.

The Block Development Officer, Kuchaikote, Dist - Gopalganj. 5.

The Circle Officer, Kuchaikote, Dist - Gopalganj. 6.

The S.D.M. Gopalganj.

7.

The S.D.O. Gopalganj.

8.

The Sub-Inspector of Police, Kuchaikote, Dist - Gopalganj. 9.

Prabhunath Prasad S/o Sita Ram Prasad 10.

Balister Prasad S/o Sitaram Prasad 11.

Ashok Prasad S/o Sita Ram Prasad All are residence of village Mathiya Khas, P.S. Kuchaikote, Dist Gopalganj.

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

For the Petitioner/s :

Mr.Sushil Kumar For the Respondent/s :

Mr.Raj Kishore Roy- Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-09-2022 Though the present writ petition has been filed for removal of encroachment made over public road situated at Mauja-Mathiyakhas, Khata No. 67, Khesra No. 631, Thana No. 764, however, the learned counsel for the Respondent-State has filed a counter affidavit wherein it has been stated that an Encroachment Case No. 6/2018-2019 has already been initiated by the Circle Officer, Kochaikote, District-Gopalganj i.e. the Respondent

Patna High Court CWJC No.11816 of 2018(3) dt.06-09-2022 2/2 No. 5 and the same shall be concluded expeditiously, in accordance with law and after hearing the private respondents no. 9 to 11, as also the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956 shall be passed forthwith.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed of with a direction to the Respondent No. 5 to dispose of the aforesaid Encroachment Case No. 6/2018-2019 by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law & after hearing the affected parties, within a period of twelve weeks of receipt / production of a copy of this order.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U