Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11602 of 2024 ====================================================== Shanti Devi Wife of Nirmal Mandal, (Retired Army Man), Resident of Village- Sansarpur, P.S.- Muffasil, District- Khagariya, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Principal Secretary, Revenue and Land Reform, Govt. of Bihar, Patna. 3.

The District Collector, Khagariya.

4.

The Land Acquisition Officer, Khagaria.

5.

The Circle Officer, Khagariya, District- Khagariya. 6.

Bhuto Yadav, Son of Adhik Yadav, Resident of village- Hardaschak, P.S.- Muffasil, District- Khagariya.

7.

Mahesh Ram, Son of Saryug Ram, Resident of village- Hardaschak, P.S.- Muffasil, District- Khagariya.

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

For the Petitioner/s :

Mr.Satyendra Kumar Sinha, Advocate For the State :

Mr. Sunil Kumar Mandal, SC-3 Mr. Arjun Prasad, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2024 The present writ petition has been filed seeking the following relief:- "1.(1) A direction may be given to the respondent No-3 to 5 to dispose off the Encroachment Case No.-31/2018-19 pending before the Anchal Adhikari, Khagaria and clear the approach road of the land of Petitioner of MauzaHardaschake. Khata No.- 45 Survey Plot No.- 337, 357 Area 10 decimals which was given to the petitioner by the State of Bihar in the year 1995 by issuance of Purcha instead of land acquisition of the petitioner by the State Of Bihar, for the purpose/construction of D.M./C.S.and

Patna High Court CWJC No.11602 of 2024(2) dt.19-08-2024 2/3 other officers quarter or allot another free land/plot to the petitioner. Presently private Respondents No. 6 & 7, namely, Bhuto Yadav S/0-Adhik Yadav and Mahesh Ram S/O Saryug Ram have encroached the approach Road of the petitioner by constructing wall on the road before the allotment."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Khagaria, District-Khagaria to conclude the proceeding of the pending Encroachment Case No.31 of 2018-19, within a stipulated time frame.

3.

Per contra, the learned counsel for the respondent-State submits that in case the aforesaid encroachment proceeding has not yet been concluded, the same shall definitely be concluded, 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, Khagaria, District-Khagaria to conclude the proceeding of the aforesaid Encroachment Case No.31 of 2018-19, in case the same has not yet been concluded, 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

Patna High Court CWJC No.11602 of 2024(2) dt.19-08-2024 3/3 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) kanchan/- U