Bipin Kumar Chaudhary v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20795 of 2013 ====================================================== Bipin Kumar Chaudhary Son Of Late Kameshwar Chaudhary Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar and Ors 2.

The District Magistrate, Madhubani 3.

The Sub - Divisional Magistrate, Sadar, Madhubani, District - Madhubani 4.

The Circle Officer, Kaluahi, District - Madhubani 5.

The Officer - In - Charge, Kaluahi Police Station, Block - Kaluahi, District - Madhubani 6.

Raj Kumar Ram Son Of Mahant Ram Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani 7.

Harshit Ram Son Of Kunai Ram Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani 8.

Biltu Ram Son Of Pachkauri Ram Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani 9.

Nanda Ram @ Nandu Ram Son Of Bhannu Ram Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani 10.

Bhogi Ram Son Of Saini Ram Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani 11.

Lalan Ram Son Of Doma Ram Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani 12.

Bachnu Ram Son Of Munni Ram Resident Of Village - Loha, P.S. Kaluahi, District - Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Respondent/s :

Mr.S.A. Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-05-2019 The grievance of the petitioner in the present writ application is inaction on the part of the respondent in the matter of removal of encroachment over the public land. Referring to Annexure-4, learned counsel for the petitioner submits that Sub-divisional Officer, Sadar, Madhubani

Patna High Court CWJC No.20795 of 2013(4) dt.06-05-2019 2/2 has directed the Anchal Adhikari for initiation of encroachment proceeding for removal of encroachment over the public land but the Anchal Adhikari has not initiated encroachment proceeding.

The order contained Annexure-4 is of 19.7.2012. We are in 2019. For long seven years, the Circle Officer has not taken any decision, the Court is constrained to direct the Circle Officer, Kaluahi, Madhubani to register a case for removal of encroachment under the Bihar Public Land Encroachment Act and after hearing all the stakeholders including the encroachers and if encroachment is found over the public land he shall pass appropriate order and take action for removal encroachment under the Bihar Public Land Encroachment Act. The entire exercise may be completed within a maximum period of six months from the date of receipt/production of a copy of this order.

With the aforesaid, the writ application stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U