Bindeshwar Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21789 of 2014 ====================================================== Bindeshwar Sah Son of Sri Nebi Sah Resident of village-Lalmaneya Tola Toriyahi, P.S.- Lalmaniya O.P. , District-Madhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate-cum-Collector,Madhubani. 3.

The Sub-Divisional Magistrate, Phulparash, District-Madhubani 4.

The Superintendent of Police, Madhubani 5.

The Circle Officer, Khutauna, District- Madhubani 6.

The Officer In-charge, Lalmaniya, Police Station, District- Madhubani 7.

Mishri Pandit Son of Sri Rameshwar Pandit 8.

Yogi Pandit Son of Sri Puran Pandit Both 7 and 8 are residents of villageToriyahi, P.S.- Lalmaniya O.P., District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Respondent/s :

Mr.Vinay Kirti Singh, GA-2 Mr.Rajan Prakash, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-07-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an application for issuance of an appropriate Writ(s), Order(s) or necessary direction(s) to the respondents to implement the Order dated 04.12.2003 and 17.03.2004, passed respectively by the Respondent No.2 in Misc. Case No.673 of 2003 and M.R.No.475 of 2003 respectively (Annexures-1 and 2)."

2. At the outset, the learned counsel for the

Patna High Court CWJC No.21789 of 2014(3) dt.10-07-2024 2/2 respondent-State submits by referring to the counter affidavit, filed in the present case that the Circle Officer, Khutauna, District-Madhubani, has already initiated encroachment proceedings vide Encroachment Case No.02 of 2016-17 and in case the same has not been taken to its logical conclusion, the same shall be concluded, within a fixed time frame, as is fixed by this Court.

3. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Khutauna, District-Madhubani to conclude the proceedings of the aforesaid Encroachment Case No.02 of 2016-17, in case the same are yet to be concluded 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, within a period of six weeks of receipt/production of a copy of this order.

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

(Mohit Kumar Shah, J) Saurav/- U