Dasai Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10594 of 2022 ====================================================== Dasai Sah Son of Late Sitaram Sah Resident of Village- Pachbhidiya, P.O.- Bela, P.S.- Ramgarhwa, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The District Magistrate, Motihari, East Champaran. 3.

The Sub-Divisional Officer, Raxaul, East Champaran. 4.

The Circle Officer, Ramgarhwa, District- East Champaran. 5.

Chandrika Sah Son of Late Mani Sah Resident of Village- Pachbhidiya, P.O.- Bela, P.S.- Ramgarhwa, District- East Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (SC19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-04-2023 Though the present writ petition has been filed for removing the encroachment made over the public road, situated in Village-Bela, Thana no. 81 appertaining to Khata no. 11, Khesra no. 2957 admeasuring an area of 5 decimal, however, it has been pointed out than an encroachment case bearing Encroachment case no. 02 of 2014-15 has already been initiated by the Circle Officer, Ramgarhwa, District-East Champaran, hence the same be directed to be concluded within a stipulated time frame.

The learned counsel for the respondent- State submits that in case, the aforesaid encroachment case has not been concluded, the same shall be taken to its logical conclusion,

Patna High Court CWJC No.10594 of 2022(2) dt.28-04-2023 2/2 forthwith.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to dispose off the present writ petition with a direction to the Circle Officer, Ramgarhwa, District-East Champaran to dispose off the aforesaid encroachment case 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, in case, the same has not already been disposed off, within a period of six weeks of receipt/ production of a copy of this order. (Mohit Kumar Shah, J) rinkee/- U