Ved Prakash Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10920 of 2024 ====================================================== Ved Prakash Chaurasia son of Late Om Prakash Chaurasia, Resident of Arya Samaj Mandir Road, Ward No-15, P.O.-Narkatiaganj, Police StationShikarpur, District-West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

3.

The District Magistrate, West Champaran, Bettiah. 4.

The Additional Collector, West Champaran, Bettiah. 5.

The Sub-Divisional Officer, Bettiah, West Champaran. 6.

The D.C.L.R. Bettiah, West Champaran.

7.

The Circle Officer, Majhauliya, West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar, Advocate For the Respondent/s :

Mr.Addl. Advocate General (7) ====================================================== 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(I) For a direction to the respondent authorities to get the encroachment removed from the public land/Road, appertaining to Khata no- 147, Kheshra- 315, Khata- 158, Kheshra- 316, and Khata no-147, kheshra no317, Mauja- Haripakari, Thana No-241, situated in Majhauliya P.S., Anchal Majhauliya, District- West Champaran, which is a public land i.e Gairmajarua Aam/ Rasta/ Marghat (Cremation ground)/ Nala, which has

Patna High Court CWJC No.10920 of 2024(2) dt.06-08-2024 2/3 been encroached upon by private persons.

(II) For direction/directions commanding the respondents to proceed in furtherance of issuance of Notice u/s 3 of Bihar Public Land Encroachment Act 1956 and remove the encroachment.

(III) For a direction to the respondent authorities to take appropriate action against the officers who have deliberately created obstacle in removing the encroachment."

2. At the outset, the learned counsel for the petitioner seeks a direction upon the Circle Officer, Majhauliya, West Champaran to dispose off the pending encroachment proceedings, initiated by him, vide Encroachment Case No.06 of 2020-21.

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, Majhauliya, West Champaran to dispose off the aforesaid encroachment case by passing the final order under Section 6(1)

Patna High Court CWJC No.10920 of 2024(2) dt.06-08-2024 3/3 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 of this order.

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

(Mohit Kumar Shah, J) Saurav/- U