Bhola Chaudhary @ Bhola Chaudhari @ Bhola Chadhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9763 of 2022 ====================================================== Bhola Chaudhary @ Bhola Chaudhari @ Bhola Chadhari Son of Late Chandradev Chaudhary @ Chandradev Chaudhari Resident of Village- Aurai Pakri, P.S.- Barhariya, District- Siwan, 841438. ... ... Petitioner/s

Versus

1.

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

2.

The Divisional Commissioner, Saran at Chapra. 3.

The Collector-cum- District Magistrate, Siwan. 4.

The Sub-Divisional Officer Siwan.

5.

The Circle Officer, Barhariya, Siwan.

6.

Chhote Lal Yadav Son of Late Moti Lal Yadav Resident of Village - Aurai, Police Station- Barhariya, District- Siwan.

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam (AAG 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2023 Though the present writ petition has been filed for directing the respondents to remove the encroachment from the public road situated at Mauza-Aurai, Thana no. 282, Survey Plot no. 1548, under the Circle Office, Barhariya, Siwan, however, at the outset, the learned counsel for the petitioner has pointed out that an encroachment proceeding vide Encroachment case no. 1 of 2018-19 has already been initiated by the Circle Officer, Barhariya, Siwan, hence the same be directed to be concluded within a fixed time frame.

The learned counsel for the respondent- State has

Patna High Court CWJC No.9763 of 2022(2) dt.27-04-2023 2/2 submitted that the aforesaid encroachment proceedings shall definitely be concluded within a fixed time frame. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose off the present writ petition with a direction to the Circle Officer, Barhariya, Siwan to conclude the proceedings of the aforesaid encroachment case, 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, within a period of six weeks of receipt/ production of a copy of this order, whereupon consequential action shall also be taken, forthwith. (Mohit Kumar Shah, J) rinkee/- U