Rajeshawar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21348 of 2018 ====================================================== Rajeshawar Prasad S/o Shri Bhagavan Prasad, Resident of Village- Balochak, P.S.P.O.- Chakiya, District- East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The District Magistrate, East Champaran.

4.

The Deputy Collector Land Reform, East Champaran. 5.

The Block Development Officer Chakiya, East Champaran. 6.

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

Jitulal Ram, S/o Late Chethru Ram, Residence of Village- Balochak, P.O.P.S.- Chakiya, Dist- East Champaran.

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha -Sc19 For Private Resp.

:

Mr.Prateek Tandon, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-09-2024

1. Though, the present petition has been filed for removing the encroachment from the land, situated at MauzaJarmadia, Thana No.132, Circle-Chakia, District-East Champaran, appertaining to Khata No.420, Khesra No.1345, however, it is submitted that the Circle Officer, Chakia has already passed the final order dated 17.03.2017, under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in connection with Encroachment Case No.11 of 2016-17, hence it is prayed that the Circle Officer, Chakia be directed to remove the encroachment in question.

Patna High Court CWJC No.21348 of 2018(2) dt.25-09-2024 2/2

2. Per contra, the learned counsel for the private respondent no.07 seeks liberty to file an appeal. Liberty so sought is granted.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Chakia to enforce his order dated 17.03.2017 forthwith, in case there is no other legal impediment, by taking recourse to the due process of law.

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

(Mohit Kumar Shah, J) Saurav/- U