Ram Krishna Dwarika College Through Its Principal Dr. Indrajit Prasad Roy v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15406 of 2021 ====================================================== Ram Krishna Dwarika College through its Principal Dr. Indrajit Prasad Roy S/O- Late Yugal Roy R/o Mohalla - Aadarsh Colony, Road No. 4D, Khemnichak, P.S. - Ram Krishna Nagar, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Chief Secretary Government of Bihar Old Secretariat Patna. 3.

The Divisional Commissioner Patna. Patna.

4.

The Collector cum District Magistrate, Patna. 5.

The Sub-Divisional Officer, Patna Sadar, Patna. 6.

The Circle Officer, Sadar, Circle Patna.

7.

The S.H.O. Kankarbagh P.S., Patna - 20.

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

For the Petitioner/s :

Mr.Ram Shankar Das, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha ( Standing Counsel-19 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-02-2023 The present writ petition has been filed seeking the following relief:- "i. To direct the respondents to remove the encroachment from the campus of R.K.D. College, Lohiya Nagar, Kankarbagh, whereby and whereunder antisocial elements started to encroach the portion of the college so that for smooth functioning of the college, it is essential to take urgent action to clear the encroachment from the college campus for which the area of college campus measuring 2.49 acres of land donated to the Hon'ble chancellor of Bihar in the year 1980 to the Institution meant for public purpose where the students are studying."

At the outset, the learned counsel for the

Patna High Court CWJC No.15406 of 2021(5) dt.20-02-2023 2/2 petitioner has referred to the counter affidavit filed in the present case and has submitted that the Circle Officer, Patna Sadar has already initiated Encroachment Case No. 23 of 2022-23, for removal of encroachment from the land of the college, in question, hence some time be fixed for doing the needful.

Accordingly, the present writ petition stands disposed off with a direction to the Circle Officer, Patna Sadar to conclude the proceedings of the aforesaid Encroachment Case No. 23 of 2022-23, 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 from today and take needful action, thereafter, failing which the Circle Officer, Patna Sadar shall not draw his salary.

(Mohit Kumar Shah, J) S.Sb/- U