Lalita Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11038 of 2024 ====================================================== Lalita Bind S/o late Kalika Bind R/o village Ora, P.S. Belaon, District Kaimur at Bhabhua ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector cum District Magistrate, Kaimur at Bhabua 2.

Additional Collector, Kaimur at Bhabua.

3.

Deputy Collector of Land Reforms (D.C.L.R.), Kaimur at Bhabhua. 4.

Sub-Divisional Officer, Kaimur at Bhabua.

5.

Circle Officer, Bhagwanpur, Kaimur at Bhabua. 6.

Jai Prakash Bind son of late Lallan Bind Resident of village Ora, P.S. Belaon. District Kaimur at Bhabua.

7.

Mantu Bind son of late Lallan Bind Resident of village Ora, P.S. Belaon. District Kaimur at Bhabua.

8.

Nagina Ram son of late Jagarnath Ram Resident of village Ora, P.S. Belaon. District Kaimur at Bhabua.

9.

Ram Ashish Ram S/o late Murat Ram Resident of village Ora, P.S. Belaon. District Kaimur at Bhabua.

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Respondent/s :

Mr.Standing Counsel 19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-08-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That the present writ application is being filed for issuance of writ in nature of mandamus or any appropriate writ/ Writs to direct the respondent authorities particularly respondent no. 5 to pass the appropriate order in Encroachment Case No. 04/2023-24 and to

Patna High Court CWJC No.11038 of 2024(2) dt.06-08-2024 2/3 remove the illegal encroachment of private respondent 2nd set from the land, bearing khata no. 120 plot no. 473 situated at Mauza Ora P.S. No. 760 block Bhagwanpur, which is public land to the name of State of Bihar whereon the respondent 2nd set have forcefully occupied and closed the street of the petitioner to approach at his house."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Bhagwanpur, Kaimur at Bhabua to dispose off the pending Encroachment Case No.04 of 2023-24.

3. Per contra, the learned counsel for the respondentState submits that in case the proceedings of the aforesaid encroachment case is still pending, the same shall be disposed off, within a stipulated time frame, as is fixed by this Hon'ble Court.

4. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the Circle Officer, Bhagwanpur, Kaimur at Bhabua to dispose off the aforesaid encroachment case, 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 and after hearing the affected parties, within a period of six weeks of

Patna High Court CWJC No.11038 of 2024(2) dt.06-08-2024 3/3 receipt/production of a copy of this order.

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

(Mohit Kumar Shah, J) Saurav/- U