Ram Pravesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16419 of 2021 ====================================================== Ram Pravesh Ram Son of Late Ram Bachan Ram R/o Vill and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Buxar.

3.

Anumandaliya Lok Sikyate Niwaran Padadhikari, Dumraon, 4.

The Sub-Divisional Magistrate, Dumraon.

5.

The Land Reforms Deputy Collector, Dumaron.

6.

The Circle Officer, Kesath.

7.

The Thana-in-charge, Navanagar.

8.

Shivrati Musahar S/o Late Dadan Musahar R/o Vill and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

9.

Ajab Musahar S/o Late Nifikeer Musahar R/o Vill and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

10.

Brinda Musahar S/o not known R/o Vill and P.O.- Kesath, P.S.- Navanagar, District- Buxar.

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-07-2022 The present writ petition has been filed seeking the following reliefs:- "1.A That this is an application for issuance of a writ in the nature of mandamus commanding and directing the respondents authority to remove the encroachment over the land bearing Khata no. 1547, Khasra no. 3794 area about 40 decimal and Khata No. 1552, Khasra no. 3726 area about 6 acre 4

Patna High Court CWJC No.16419 of 2021(2) dt.20-07-2022 2/3 decimal the said land came under the Mauza Kesath, the nature of the said lands are 'Annabad Sursadharan', & Jila Parishad, Bhojpur, Ara', respectively and situated at Vill+P.O. Kesath, P.S. Navanagar, District Buxar, the said land is main road of the village Kasath and used for the purpose of communication of local people and adjacent villagers.

1/B. For directing the respondents (respondent no. 6) to comply the order dated 22.01.2021 passed by Ld. Anumandaliya Lok Sikyate Niwaran Padadhikari, Dumaron, in Case No. 99990107102013146/ 2020 whereby and whereunder he has directing the respondent Circle Officer, Kasath (Respondent No.6) to conclude the proceeding of Encroachment Case No. 02/20-21 and remove the encroachment over public land."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Circle Officer, Kesath inter alia praying therein to expeditiously dispose of the encroachment case bearing Encroachment Case No. 2 of 2020-21.

Having regard to the limited prayer made by the learned counsel for the petitioner in the present case, the present writ petition stands disposed of with liberty to the petitioner to

Patna High Court CWJC No.16419 of 2021(2) dt.20-07-2022 3/3 approach the Circle Officer, Kesath, District Buxar with a copy of this order and in case appropriate representation is made within a period of two weeks from today, the Circle Officer, Kesath shall ensure that the final order u/s 6(1) of the Bihar Public Land Encroachment Act, 1956 is passed in the aforesaid Encroachment Case No. 2 of 2020-21, after hearing the effected parties, in accordance with law within a period of 12 weeks, thereafter.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Tiwary/- U