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Patna High CourtCWJC/10261/2024disposed

Arun Kumar Jha v. The State Of Bihar

2024-08-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10261 of 2024 ====================================================== Arun Kumar Jha Son of Late Bhola Jha Resident of Village- Harouli, Police Station- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

1.

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

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

The District Magistrate, Darbhanga.

4.

The Sub Divisional Officer, Biroul, District- Darbhanga. 5.

The Circle Officer, Kusheshwar Asthan, District- Darbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jagdish Prasad Singh, Advocate For the Respondent/s :

Mr.Additional Advocate General (5) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-08-2024 The present writ petition has been filed seeking the following relief:- "1. That the petition is directed for the issuance of appropriate writ or direction directing the Respondents to remove encroachment from the village road situated at village Harouli in front of Panchayat Bhawan from main road to the house of Prabhakar Jha of land appertaining to R.S. Plot No. 1096 about which respondent Circle Officer earlier said that Encroachment Case No. 06/2020-21

Patna High Court CWJC No.10261 of 2024(2) dt.01-08-2024 2/3 had already been initiated but nothing happened despite the report of Anchal Amin."

2.

At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Kusheshwar Asthan, District-Darbhanga, to dispose off the pending Encroachment Case No. 06 of 2020-21.

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, Kusheshwar Asthan, District-Darbhanga to dispose off the aforesaid Land Encroachment Case No. 06 of 2020-21, 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 receipt/production of a copy

Patna High Court CWJC No.10261 of 2024(2) dt.01-08-2024 3/3 of this order.

5.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U