Daroga Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1844 of 2021 ====================================================== DAROGA RAI Son of Khedan Rai Resident of Village- Pannapur, Ahir Toil, Police Station- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Patna 2.

The Collector-cum-District Magistrate, East Champaran, Motihari 3.

The Additional Collector (Public Complain Forum) East Champaran, Motihari 4.

The Sub Divisional Officer, Motihari Sadar, East Champaran, Motihari 5.

The Circle Officer, Kotwa, East Champaran, Motihari ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

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

Standing Counsel-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-07-2022 The present writ petition has been filed seeking the following reliefs:- "I. To direct the respondent no. 5 to comply the order dated 25.07.2017 passed by the Sub Divisional Public Complaint Redressal Officer as well as the order dated 09.12.2017 passed by the learned Additional Collector, East Champaran, Motihari whereby and whereunder the respondent no. 3 directe4d the Circle Officer, Kotwa, East Champaran to comply the order within three weeks and remove encroachment.

II. To remove encroachment in the light of the notice issued by the Circle Officer, Kotwa, East

Patna High Court CWJC No.1844 of 2021(2) dt.29-07-2022 2/2 Champaran, in Encroachment Case No. 07 of 2017-18."

At the outset, the learned counsel for the petitioner has submitted that though Encroachment Case No. 7 of 2017-18 has been registered for the purposes of removal of the encroachment in question by the Circle Officer, Kotwa, East Champaran, however, no final order has been passed till date, apart from the fact that the encroachment in question has also not been removed.

In such view of the matter, the District Magistrate, East Champaran at Motihari is directed to make an enquiry, take departmental action against the defaulters and ensure that the final order is passed in Encroachment Case No. 7 of 2017-18 within a period of 12 weeks of receipt/production of a copy of this order and in case encroachment is found over the public land, the same shall also be removed within the same time frame.

The writ petition stands disposed off on the aforesaid terms.

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