Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17383 of 2021 ====================================================== Surendra Prasad Son of Sri Kailash Prasad, Resident of Village - Khadda Kunjalahi, Ward No. - 9, P.S.- Nautan, District- West Champaran (Bettiah). ... ... Petitioner/s

Versus

1.

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

The Commissioner, Tirhut Commissionary, Muzaffarpur. 3.

The District Magistrate (D.M.), West Champaran Bettiah. 4.

The Sub Divisional Officer (S.D.O.), Sadar, West Champaran, Bettiah. 5.

The Deputy Collector Land Reforms (D.C.L.R.), Bettiah. 6.

The Circle Officer (C.O.), Nautan Block, West Champaran Bettiah. 7.

The Circle Inspector, Nautan Block, West Champaran Bettiah. 8.

The Halka Karamchari, Nautan Block, West Champaran Bettiah. 9.

The Officer in Charge, Nautan P.S., West Champaran Bettiah. 10.

Hiralal Prasad Son of Late Nathuni Prasad, Resident of Village - Khadda Kunjalahi, P.S.- Nautan, Dist.- West Champaran (Bettiah). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Praveen, Adv.

For the State :

Mr. Mukul Prasad, AC to GP-18 For the Respondent No. 10 :

Mr. Sanjeev Kumar, Adv.

Mr. Uday Pratap, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2023 The present writ petition has been filed seeking the following relief:- "1(i). For direction to the respondent authorities to immediately remove all the encroachment from the Government Gair Majerua Aam Land having Thana No. 182, Khata No. 3, Khesra No. 2247 under village-Khadda Kunjalahi, under Circle-Nautan, P.S.-Nautan, District-West Champaran (Bettiah) as per order dated

Patna High Court CWJC No.17383 of 2021(4) dt.25-02-2023 2/2 4.11.2017 of Circle Officer, Nataun District-West Champaran (Bettiah) passed in Encroachment Case No.

5/2017-18."

At the outset, the learned counsel for the parties have pointed out that the private respondent has filed an appeal bearing Appeal No. 4 of 2019-20, which is pending before the learned Collector, West Champaran at Bettiah, hence, the same can be directed to be disposed of expeditiously.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the District Magistrate, West Champaran at Bettiah to dispose of the aforesaid pending appeal, in case the same has not been disposed of, by a reasoned and a speaking order, in accordance with law, within a period of six weeks from today.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U