Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9818 of 2023 ====================================================== Sunil Kumar Son of Surendra Singh Resident of Village-Gorakhari, P.S.- Bikram, District-Patna.

... ... Petitioner/s

Versus

1.

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

2.

The Collector, Patna.

3.

The Addl. Collector, Patna.

4.

The Sub-Divisional Officer-Cum-Public Grievance Redressal Officer, Paliganj, Bikram, Patna.

5.

The Circle Officer, Bikram, Patna.

6.

Dharm Nath Singh Son of Late Dev Charan Singh Resident of VillageGorakhari, P.S.-Bikram, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar, Advocate Ms. Kusum Kumari, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha (Standing Counsel-19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2023 1.

The present writ petition has been filed seeking the following reliefs:- "1(i). For issuance of an appropriate writ, directing the respondent no.5 to conclude the Encroachment Case No.03/2022-23, from the public land bearing Khata No.701. Plot No.3330, 3331 and 3067 which is Paine, Pokhar and Aam Rasta situated in Mauza-Gorakhari, Thana No. 65, District-Patna in accordance with law

Patna High Court CWJC No.9818 of 2023(2) dt.26-07-2023 2/3 within a time frame.

(ii) For issuance of an appropriate writ, in the nature of Mandamus commanding the respondents, particularly respondent no.5 to remove the encroachment from the public land bearing Khata No.701, Plot No.3330, 3331 and 3067 which is paine and Pokhar and only source of Irrigation and bank of the paine is used as Rasta."

2.

The short prayer made by the petitioner in the present writ petition is to direct the Circle Officer, Bikram, District-Patna to dispose off the pending encroachment case bearing Encroachment Case No. 03 of 2022-23.

3.

The learned counsel for the respondentState submits that in case the proceedings of the aforesaid Encroachment Case No. 03 of 2022-23 has not been concluded, the same would definitely be concluded within a fixed time frame, as prescribed by this Court.

4.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Bikram, District-Patna to

Patna High Court CWJC No.9818 of 2023(2) dt.26-07-2023 3/3 dispose off the aforesaid Encroachment Case No. 03 of 2022-23, if the same has not already been disposed off, 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 of receipt/production of a copy of this order. 5.

The writ petition stands disposed off on the aforesaid terms.

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