Rambabu Singh v. The State Of Bihar Through The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15026 of 2021 ====================================================== Rambabu Singh Son of Sri Ram Dayal Singh Resident of Village - Sapahi, P.O. Barwaghat Chhapiyan, P.S. Masharak, District- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary Government of Bihar, Patna. 2.

The Principal Secretary, Department of Revenue and land Reforms, Government of Bihar, Patna.

3.

The Principal Secretary, Department of Home, Government of Bihar, Patna. 4.

The Collector - cum - District Magistrate, Saran at Chapra. 5.

The Sub - Divisional Magistrate, Marhaurah, Saran. 6.

The Deputy Collector Land Reforms, Marhaurah, Saran. 7.

The Circle Officer, Mashrarak, Saran.

8.

The Station House Officer, Masharak P.S. Saran. 9.

Bholabhan Singh Son of Late Mahendra Singh Resident of Village - Sapahi, P.O. Barwaghat Chhapiyan, P.S. Masharak, District- Saran at Chapra. 10.

Shyambahadur Singh Son of Late Mahendra Singh Resident of Village - Sapahi, P.O. Barwaghat Chhapiyan, P.S. Masharak, District- Saran at Chapra.

11.

Laxman Singh Son of Late Mahendra Singh Resident of Village - Sapahi, P.O. Barwaghat Chhapiyan, P.S. Masharak, District- Saran at Chapra. 12.

Raghubar Singh Son of Late Mahendra Singh Resident of Village - Sapahi, P.O. Barwaghat Chhapiyan, P.S. Masharak, District- Saran at Chapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan,Advocate For the Respondent/s :

Mr.Md. Khurshid Alam,AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-11-2022 Though the present writ petition was filed for removal of encroachment from Public Land/ Pathway/ Village Road, which as per khatiyan is public land and is situated in the district of Saran at Circle-Masharak, Revenue Mouza-Sapahi, Revenue Thana No. 11, Khata No. 69, Khesra No. 988 and survey no. 1181, but the respondents have filed counter affidavit, wherein it

Patna High Court CWJC No.15026 of 2021(2) dt.01-11-2022 2/2 has been stated that encroachment proceeding has been initiated vide Encroachment Case No. 6 of 2020-21, by the Circle Officer, Masharak, District-Saran. In such view of the matter, the learned counsel for the petitioner prays that the same be directed to be expedited.

Having regard to the facts and circumstances of the case, I deem it fit and proper to dispose off the present writ petition with a direction to the Circle Officer, Masharak, District-Saran, to dispose off the aforesaid Encroachment Case No. 6 of 2020-21, 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 12 weeks of receipt/production of a copy of this order.

(Mohit Kumar Shah, J) S.Sb/SonalU