Sanandan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10328 of 2024 ====================================================== Sanandan Jha Son of Prabhu Narayan Jha Resident of Vilage-Bharwari, P.S. Rosera, District-Samastipur ... ... Petitioner/s

Versus

1.

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

The District Magistrate cum District Collector, Samastipur. 3.

The Additional Collector, Samastipur.

4.

The Deputy Collector of Land Reforms, Samastipur. 5.

The Sub-Divisional Officer, Samastipur.

6.

The Circle Officer, Rosera, District-Samastipur. 7.

Sudhir Kumar Choudhary Son of Fauzdar Choudhary Resident of VillageBharwari, P.S. Rosera, District-Samastipur. 8.

Nunu Choudhary Son of Ayodhaya Choudhary Resident of VillageBharwari, P.S. Rosera, District-Samastipur. 9.

Durgakant Choudhary Son of Suvkant Jha Resident of Village-Bharwari, P.S. Rosera, District-Samastipur.

10.

Dilip Choudhary Son of Pramod Choudhary Resident of Village-Bharwari, P.S. Rosera, District-Samastipur.

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

For the Petitioner/s :

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

Mr.Standing Counsel 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following relief:- "1. (i) For issuance of an appropriate writ, order or direction commanding the respondent to remove encroachment from Gair Majarua Aam land, which has most illegally been encroached by the private

Patna High Court CWJC No.10328 of 2024(2) dt.01-08-2024 2/3 respondents.

(ii) For issuance of an appropriate writ, order or direction commanding the respondent Circle Officer to take final decision in Encroachment Case No. 12 of 2022-23 for removal of encroachment from the public land."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Rosera, District-Samastipur, to dispose off the pending Encroachment Case No. 12 of 2022-23.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid Encroachment Case is still pending, the same would definitely be disposed off within a stipulated time frame, as is fixed 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, Rosera, DistrictSamastipur to dispose off the aforesaid Land Encroachment Case No. 12 of 2022-23, in case the same is still pending, by passing the final order under Section 6(1) of the Bihar Public Land Encroachment Act, 1956, in accordance with law

Patna High Court CWJC No.10328 of 2024(2) dt.01-08-2024 3/3 and after hearing the affected parties, 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