Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8860 of 2024 ====================================================== Suresh Paswan son of late Hanuman Paswan, Aadhar No.293398425959, Resident of village- Sukhwara, Post Sukhwara, Police station Manigachi, District-Darbhanga, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Department of Revenue and Land Reforms Government of Bihar Old Secretariat Nehru Road PATNA Bihar.

2.

The Additional Chief Secretary, Department of Revenue and Land Reforms Government of Bihar Old Secretariat Nehru Road Patna Bihar. 3.

The Secretary, Department of Revenue and Land Reforms Government of Bihar Old Secretariat Nehru Road Patna Bihar. 4.

The Divisional Commissioner Darbhanga Bihar.

5.

The Collector cum District Magistrate Darbhanga Bihar. 6.

The Additional Collector Revenue Darbhanga Bihar. 7.

The Deputy Collector Land Reforms (DCLR) Darbhanga Sadar Darbhanga Bihar.

8.

The Circle Officer Manigachi Darbhanga Bihar. 9.

The Revenue Karmchari (Sukhwara Village) Manigachi Darbhanga Bihar. 10.

Mr. Dipu Kumar Paswan son of not known Resident of village Sukhwara, Post Sukhwara, Police station Manigachi District Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate Mr. Rohit Kumar, Advocate For the State :

Mr. Narendra Kumar Singh, AC to GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-07-2024 The present writ petition has been filed seeking the following relief:- "(A) A writ of mandamus commanding the respondent authorities to take appropriate step(s) for early disposal of Encroachment Appeal no 05 of 2024 filed by petitioner

Patna High Court CWJC No.8860 of 2024(2) dt.22-07-2024 2/3 against the order dated 26/12/2023 passed in Encroachment Case No. 20/2023-2024 by Circle Officer Manigachi Darbhanga in which Circle officer Manigachi without applying their mind and fully mechanical manner passed the order for removal of encroachment over the land in question, However petitioner/ancestral petitioner has possession over land in question since more than five decades.

(B) A writ of Mandamus commanding the respondent authorities to take appropriate step for maintaining the status quo of land in question i.e., Revisional survey plot no.1149 as well as Revisional survey plot no.1150 Mauja Sukwara Thana no.190 Anchal Manigachi District Darbhanga till Disposal of litigation over the land in question on ground the petitioner/ancestral of petitioner has possession over land in question more than five decades."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the District Magistrate, Darbhanga to dispose off the appeal, filed by the petitioner, bearing Encroachment Appeal No.05 of 2024.

3.

Per contra, the learned counsel for the

Patna High Court CWJC No.8860 of 2024(2) dt.22-07-2024 3/3 respondent-State submits that in case the aforesaid appeal is still pending consideration, the same would definitely be disposed off, 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 Collector, Darbhanga to dispose off the aforesaid appeal, filed by the petitioner, by passing a reasoned and a speaking order, 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