Mohan Giri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14728 of 2018 ====================================================== Mohan Giri S/o Shivdyal Giri, resident of Village- Karama, Post- Karama, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar, through the Chief Secretary, Patna. 2.

The Principal Secretary, Land Reforms, Govt. of Bihar. 3.

The District Magistrate, East Champaran.

4.

The Deputy Collector, Land Reforms, East Champaran. 5.

The Block Development Officer Sugauli, East Champaran. 6.

The Circle Officer, Sugauli Block, East Champaran. 7.

Rajeshwar Patel son of Late Ram Chandra Raut, resident of VillageKarama, Mangalwa Tola, Ward No.- 08, P.S.- Sugauli, District- East Champaran.

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

For the Petitioner/s :

Mr.Vinod Gautam, Advocate For the Respondent/s :

Mr.Raj Kishore Roy -Gp18 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2024 The present writ petition has been filed seeking the following relief:- "1. For issuance of appropriate writ(s) / direction(s) commanding the respondent to remove the encroachment made over Aam Rasta which is gair majarua malik land, appertaining to Khata No-371, Khesra No-1660, Total area 6.75 decimals, being used by the villagers in general, which has been illegally and forcefully encroached by the respondent no.7."

2. At the outset, the learned counsel for the

Patna High Court CWJC No.14728 of 2018(3) dt.11-09-2024 2/2 respondent-State submits that the Circle Officer, Sugauli, District-East Champaran has already initiated encroachment proceeding vide Encroachment Case No.10 of 2017-18, hence the same would definitely be concluded, within a stipulated time.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Sugauli, East Champaran to conclude the proceeding of the aforesaid Encroachment Case No.10 of 2017-18, in case the same has not yet been concluded, by passing the final order, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, after hearing the affected parties and in accordance with law, within a period of six weeks of receipt/production of a copy of this order.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U