S. Tufail Ahmad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15920 of 2015 ====================================================== S. Tufail Ahmad S/o Late Abu Zaffar Resident of Village and P.O. - Pathraita, P.S. and District - Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The District Magistrate, Sheikhpura.

3.

The Superintendent of Police, Sheikhpura.

4.

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

The Circle Officer, Sheikhpura, District - Sheikhpura. 6.

Jairam Yadav S/o Dhano Yadav 7.

Balmiki Yadav S/o Dhano Yadav 8.

Ramashish Yadav S/o Bechan Yadav 9.

Sukhdeo Yadav S/o Barho Yadav

10. Ramnath Yadav S/o Bechan Yadav

11. Chandeshwar Yadav S/o Barho Yadav 6 to 11 are residents of Village - Pathraita, P.S. and District - Sheikhpura.

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Respondent/s :

Mr. Anil Kumar Singh, AC to SC 21 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 13-10-2017 Heard learned counsels for the parties.

The nature of order this court intends to pass, does not require issuance of notice to respondent nos. 6 to 11. The present writ application has been filed for a direction to the respondent authorities to get the encroachment removed from the land appertaining to Khata No. 21, Plot No. 397, Holding No. 66, situated in village Pathraita in the district of Sheikhpura, which is Gairmajarua Aam land, which is being used as water channel and part of the land is being used as public path.

Patna High Court CWJC No.15920 of 2015 dt.13-10-2017 2/3 The petitioner filed series of representations before the respondent no.5, the Circle Officer, Sheikhpura. One such representation is dated 24.6.2015 but neither any proceeding has been initiated nor the encroachment has been removed. Counter affidavit has been filed on behalf of respondent nos. 2,4 and 5 to the effect that during enquiry it was found that the land in question is a public land and is being used as water channel and consequently, the encroachment proceeding was initiated vide Encroachment Case No. 2 of 2015-16 and notice under section 3 of the Bihar Public Land Encroachment Act (hereinafter referred to as the 'Act,) was issued to the encroachers. The same has been brought on record as Annexure A series to the counter affidavit.

The counter affidavit has been filed on 4.2.2016, but there is nothing on record to suggest that the aforementioned encroachment case has been concluded or not, which is a sad reflection of the casual manner in which the respondent no.5, the Circle officer, Sheikhpura is discharging the quasi judicial functions.

In view of the fact that the encroachment proceeding has already been initiated, it is expected from respondent no.5, the Circle officer, Sheikhpura to take the proceeding of Encroachment Case No. 2 of 2015-16 to its logical conclusion within a period of

Patna High Court CWJC No.15920 of 2015 dt.13-10-2017 3/3 three months thereafter, after giving due opportunity of hearing to all affected persons including respondent nos. 6 to 11 in accordance with the provisions of the Act.

This writ application is, accordingly, disposed of. (Dinesh Kumar Singh, J) anil/- AFR/NAFR CAV DATE Uploading Date Transmission Date